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AdeelNaz

Affidavit of support

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hello everyone! 

i am sorry this question might have been asked before but i could not find proper answer

My husband is the immigrant trying to get his green card. I am the main sponsor for him but my income does not meet the requirements. We are living with my parents now and we will be using my fathers income to meet the requirements. We are living with my father and mother and they file taxes together but my father is the primary tax filer, so which form does my parents need to fill out? thanks...

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Posted (edited)
2 hours ago, AdeelNaz said:

hello everyone! 

i am sorry this question might have been asked before but i could not find proper answer

My husband is the immigrant trying to get his green card. I am the main sponsor for him but my income does not meet the requirements. We are living with my parents now and we will be using my fathers income to meet the requirements. We are living with my father and mother and they file taxes together but my father is the primary tax filer, so which form does my parents need to fill out? thanks...

You will fill out an I864 and because your father lives with you, he will fill out an I864a. Your income will go in Question 7. His info will go in Questions 8 and 9 and his income from his W2 (not his tax return because they file jointly) will go in Question 10. 

Your household size on your I864 will be anyone in the household who is dependent on you or your father so you, your husband, your father, your mother and any other dependents in the household.

You will provide your financial documents (depending on what amount you input for yourself in question 7) and he will provide his most recent tax return (all pages and schedules) plus his individual W2s so they can distinguish his individual income from your mother's.

Edited by K1visaHopeful

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Question 20 will be the sum of your income in Question 7 plus his income in Question 10 and will need to be enough to meet the financial poverty guidelines for the household size reported in Part 5 Question 8.

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**Unnecessary double post removed.**

 

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2 hours ago, K1visaHopeful said:

You will fill out an I864 and because your father lives with you, he will fill out an I864a. Your income will go in Question 7. His info will go in Questions 8 and 9 and his income from his W2 (not his tax return because they file jointly) will go in Question 10. 

Your household size on your I864 will be anyone in the household who is dependent on you or your father so you, your husband, your father, your mother and any other dependents in the household.

You will provide your financial documents (depending on what amount you input for yourself in question 7) and he will provide his most recent tax return (all pages and schedules) plus his individual W2s so they can distinguish his individual income from your mother's.

me and my father are not combining income..does that still means he has to fill out i-864a form and not the i-864 form?

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Posted (edited)
18 minutes ago, AdeelNaz said:

me and my father are not combining income..does that still means he has to fill out i-864a form and not the i-864 form?

Because you live together you WILL be combining your individual incomes on your I864 exactly how I explained above. He cannot fill out an I864 BECAUSE you live together. USCIS will not accept an I864 from him because of that. He will fill out an I864a.

Edited by K1visaHopeful

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Here is the description of the purpose of the I864a. Maybe it will help you to understand the I864a:

 

"What Is the Purpose of Form I-864A?


Form I-864A, Contract Between Sponsor and Household Member, is an attachment to Form I-864, Affidavit of Support 
Under Section 213A of the INA.

 

A separate Form I-864A must be used for each household member whose income and/or assets are being used by a sponsor to qualify. Each Form I-864A is completed and signed by two individuals: a sponsor who is completing Form I-864 and a household member who is promising to make his or her income and/or assets available to the sponsor to help support the sponsored immigrants. The combined signing of this contract constitutes an agreement that the household member is responsible along with the sponsor for the support of the individuals named in this contract.
This contract must be submitted with Form I-864.
Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 
and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor 
to meet the requirements. The obligations of the household member under this contract terminate when the obligations of 
the sponsor under the Affidavit of Support terminate."

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2 hours ago, K1visaHopeful said:

Because you live together you WILL be combining your individual incomes on your I864 exactly how I explained above. He cannot fill out an I864 BECAUSE you live together. USCIS will not accept an I864 from him because of that. He will fill out an I864a.

Do you have a link stating the parents MUST be household members? I believe for people in the situation described above they have the option of using the 864a OR the 864. I do not believe there is anything in the policy manuals that state because someone is a household member they must file as a household member (864a) and not a separate joint sponsor (864). 

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6 minutes ago, username_taken said:

Do you have a link stating the parents MUST be household members? I believe for people in the situation described above they have the option of using the 864a OR the 864. I do not believe there is anything in the policy manuals that state because someone is a household member they must file as a household member (864a) and not a separate joint sponsor (864). 

Nope but I've seen ppl report RFEs on here for filing I864s rather than I864a's for household members so my source is only as accurate as what our fellow members reported.

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