Jump to content
Orientalelf

Petitioner living with parents, I-864 or I-864a?

13 posts in this topic

Recommended Posts

Sorry for the repeated question but I'd just like a confirmation for 2019! Thank you's in advance! 
AOS stages after K1 marriage and confused about which form to file?:
- The petitioner currently has no income, but lives in the same household as the joint sponsor (father).
- We all share the same address, a household of 4 people.
- Joint sponsor (father) files joint taxes with his wife (housewife, no income). 
Thus am I correct in saying = Petitioner (I-864), Joint-sponsor father (I-864a), Mother (I-864a)? 
Petitioner puts a household size of 2, joint sponsor and mother would put 4?   

Share this post


Link to post
Share on other sites
Posted (edited)

@Orientalelf

The use of I864a is an option when nobody earns enough. It allows household members to pool their funds. For example if petitioner made $15,000 and Dad made $15,000, neither qualifies. BUT because they live under the same roof and are related, they can combine for a household income of $30,000.

 

In your case, since petitioner has zero income, it's kinda strange to fill in an I-864 with zero and unemployed, then bring in the Dad on the petitioners I-864 with a big income plus the Mom. 

 

In my opinion, it would be a much "cleaner" application if you did this--

 

Petitioner

I-864 (because that is required)

Tax return or statement in lieu of tax return saying why not required to file.

Nothing else because you make zero.

 

Dad

I-864

Proof of US citizenship or LPR status (required of a joint)

Tax transcript

Something that shows Dad qualifies on his salary alone like employer letter, pay slips, W2. A tax return does not break down what is Dad's income and what is Mom's.

Dad can add Mom to Dad's I-864 as has household member, but then she needs to do an I864a and include her proof of income too. Theoretically, if Dad makes enough on his own and clearly proves it with things mentioned above, he should not need to add Mom at all.

 

Head counts

Petitioner-  himself and immigrant= 2

Co-sponsor- Dad, Mom, Immigrant, and ?? (Are you the 4th because they claim you as a dependent on their tax return?)

 

 

Edited by Wuozopo

Share this post


Link to post
Share on other sites
Posted (edited)
15 hours ago, Wuozopo said:

@Orientalelf

The use of I864a is an option when nobody earns enough. It allows household members to pool their funds. For example if petitioner made $15,000 and Dad made $15,000, neither qualifies. BUT because they live under the same roof and are related, they can combine for a household income of $30,000.

 

In your case, since petitioner has zero income, it's kinda strange to fill in an I-864 with zero and unemployed, then bring in the Dad on the petitioners I-864 with a big income plus the Mom. 

 

In my opinion, it would be a much "cleaner" application if you did this--

 

Petitioner

I-864 (because that is required)

Tax return or statement in lieu of tax return saying why not required to file.

Nothing else because you make zero.

 

Dad

I-864

Proof of US citizenship or LPR status (required of a joint)

Tax transcript

Something that shows Dad qualifies on his salary alone like employer letter, pay slips, W2. A tax return does not break down what is Dad's income and what is Mom's.

Dad can add Mom to Dad's I-864 as has household member, but then she needs to do an I864a and include her proof of income too. Theoretically, if Dad makes enough on his own and clearly proves it with things mentioned above, he should not need to add Mom at all.

 

Head counts

Petitioner-  himself and immigrant= 2

Co-sponsor- Dad, Mom, Immigrant, and ?? (Are you the 4th because they claim you as a dependent on their tax return?)

 

 

Thank you @Wuozopo you always seem to come to our savior (and I'm thankful!). 

I understand everything up to the mom's bit.
- Mom and dad file taxes jointly, but mom has zero income.
- Dad is retired (and makes enough on his own but it's a combination of stocks+retirement income etc.) that has mom's name listed too!
- Ex. tax returns show mom's name listed as the spouse, stocks/bonds shows mom's name listed as the beneficiary.  
Thus, would mom still need to do the I-864a? 

Proof Dad is showing:
- IRS Tax returns, W2's for previous job
- Previous pay stubs
- Bank Statement (savings)
- Retirement income statement
- Stocks/bonds 

Head count confusion
Cosponsor dad - has dad and mom and myself (the immigrant?) as dependent on him. - is that right?
AND Petitioner lives at the same address and is "technically dependent on his parents"  but legally, is not dependent on their tax return. 
So would cosponsor put 3 and petitioner put 2? 

Thank you again! 



 

Edited by Orientalelf

Share this post


Link to post
Share on other sites
2 hours ago, Orientalelf said:

Head count confusion
Cosponsor dad - has dad and mom and myself (the immigrant?) as dependent on him. - is that right?
AND Petitioner lives at the same address and is "technically dependent on his parents"  but legally, is not dependent on their tax return. 
So would cosponsor put 3 and petitioner put 2? 

 

If you read the instructions to the I-864, it explains a lot of this. If Dad can't claim you on his tax return as a dependent then you are not in his household count for this form. You are not an immigrant. You are the US citizen. 

Dad+Mom+the Immigrant (your spouse) = Household count of 3 for Dad's form. Dad requires $26,662. 

 

I'm lost on Dad's income.

Does he get at least $26,662 in a pension and/or social security per year? 

 

 

 

 

 

 

 

Share this post


Link to post
Share on other sites
20 hours ago, Orientalelf said:

Sorry for the repeated question but I'd just like a confirmation for 2019! Thank you's in advance! 
AOS stages after K1 marriage and confused about which form to file?:
- The petitioner currently has no income, but lives in the same household as the joint sponsor (father).
- We all share the same address, a household of 4 people.
- Joint sponsor (father) files joint taxes with his wife (housewife, no income). 
Thus am I correct in saying = Petitioner (I-864), Joint-sponsor father (I-864a), Mother (I-864a)? 
Petitioner puts a household size of 2, joint sponsor and mother would put 4?   

No.  I-864 showing no income for the petitioner.  Then I-864 for the higher income parent and I-864a for the lower income parent.  In this case the petitioner has no income to combine with anybody, but the lower earning spouse does.  I-864a is for combining income and/or for a joint filing spouse of a joint sponsor.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
3 hours ago, Orientalelf said:

Thank you @Wuozopo you always seem to come to our savior (and I'm thankful!). 

I understand everything up to the mom's bit.
- Mom and dad file taxes jointly, but mom has zero income.
- Dad is retired (and makes enough on his own but it's a combination of stocks+retirement income etc.) that has mom's name listed too!
- Ex. tax returns show mom's name listed as the spouse, stocks/bonds shows mom's name listed as the beneficiary.  
Thus, would mom still need to do the I-864a? 

Proof Dad is showing:
- IRS Tax returns, W2's for previous job
- Previous pay stubs
- Bank Statement (savings)
- Retirement income statement
- Stocks/bonds 

Head count confusion
Cosponsor dad - has dad and mom and myself (the immigrant?) as dependent on him. - is that right?
AND Petitioner lives at the same address and is "technically dependent on his parents"  but legally, is not dependent on their tax return. 
So would cosponsor put 3 and petitioner put 2? 

Thank you again! 



 

Previous jobs and previous pay stubs say nothing about his "current income".  If Dad can document sufficient current income, using SS declaration letter and Retirement income declaration or statement, there is no need to show or document any assets.  Unless the petitioner is claimed as a dependent on Dad's tax return, she is not part of his household size.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
2 hours ago, Wuozopo said:

 

If you read the instructions to the I-864, it explains a lot of this. If Dad can't claim you on his tax return as a dependent then you are not in his household count for this form. You are not an immigrant. You are the US citizen. 

Dad+Mom+the Immigrant (your spouse) = Household count of 3 for Dad's form. Dad requires $26,662. 

 

I'm lost on Dad's income.

Does he get at least $26,662 in a pension and/or social security per year? 

 

 

 

 

 

 

 

Sorry for the confusion, I am the beneficiary writing this (when I say me, I mean the immigrant). 
Dad does get at least $26,662

 

1 hour ago, pushbrk said:

Previous jobs and previous pay stubs say nothing about his "current income".  If Dad can document sufficient current income, using SS declaration letter and Retirement income declaration or statement, there is no need to show or document any assets.  Unless the petitioner is claimed as a dependent on Dad's tax return, she is not part of his household size.

Dad has a social security statement, retirement statement and stocks/dividends (Vanguard) that add up to the amount $26,662 and over. 
Mum's name is on the Vanguard dividends, but she is only a beneficiary on dad's social security and retirement fund. 

Thus, does mum need to fill out a I-864a? 


 

Share this post


Link to post
Share on other sites
10 minutes ago, Orientalelf said:

Sorry for the confusion, I am the beneficiary writing this (when I say me, I mean the immigrant). 
Dad does get at least $26,662

 

Dad has a social security statement, retirement statement and stocks/dividends (Vanguard) that add up to the amount $26,662 and over. 
Mum's name is on the Vanguard dividends, but she is only a beneficiary on dad's social security and retirement fund. 

Thus, does mum need to fill out a I-864a? 


 

Yes, she completes the I-864a even if she has no income, because the sponsorship is a joint obligation.  It is not strictly required but is usually asked for.  Anything a Consular Officer asks for, is essentially, "required".  Best to avoid delay and provide it in advance.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Share this post


Link to post
Share on other sites
Posted (edited)
16 minutes ago, Orientalelf said:

Sorry for the confusion, I am the beneficiary writing this (when I say me, I mean the immigrant). 
Dad does get at least $26,662

 

Dad has a social security statement, retirement statement and stocks/dividends (Vanguard) that add up to the amount $26,662 and over. 
Mum's name is on the Vanguard dividends, but she is only a beneficiary on dad's social security and retirement fund. 

Thus, does mum need to fill out a I-864a? 


 

 

If Dad has a Social Security statement that gets sent out each year saying how much benefit the next calendar year's going to be, then that is like an "employer letter" that people often mention. Same if he draws a pension from a company he worked for. Get a statement from HR or the retiree benefits department stating his monthly pension. That's "employer letter" #2.

 

Does Social Security + Pension = $26,662 without getting into dividend and stock values yet? 

Does Mom happen to draw Social Security yet?

Edited by Wuozopo

Share this post


Link to post
Share on other sites

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from K Visas forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
Posted (edited)
3 hours ago, Wuozopo said:

 

If Dad has a Social Security statement that gets sent out each year saying how much benefit the next calendar year's going to be, then that is like an "employer letter" that people often mention. Same if he draws a pension from a company he worked for. Get a statement from HR or the retiree benefits department stating his monthly pension. That's "employer letter" #2.

 

Does Social Security + Pension = $26,662 without getting into dividend and stock values yet? 

Does Mom happen to draw Social Security yet?

Okay, yes, SS + Pension = $26,662 without dividend/stocks and mom does not draw a social security.

Edited by Orientalelf

Share this post


Link to post
Share on other sites

@Wuozopo Hello again!

Without me having to create a new thread, would you mind taking a look at our checklist. I'm nervous as August is our last month before my I-94 expires. Would really appreciate it (and of course, thank you for all your advice so far. We wouldn't have gotten through London, UK without you!). 

- G-1145 Notification of application/petition acceptance

- Cover letter

- money order payment of $1225 made payable to “U.S. Department of Homeland Security”
I-485 Application to Adjust Status:
- 2 passport photos
- copy of birth certificate
- copy of Passport biographical page - do I need the other stamped pages too?

- copy of K1 Visa

- copy of electronic I-94
- copy of NOA1 + NOA2 from I-129F 
- certified copy of marriage certificate
- Knightbridge document DS-3025 - can I just photocopy this? 
I-864 Affidavit of Support:
Petitioner
- I864 form
- copy of his birth certificate
- tax return or statement in lieu of tax return saying why not required to file

Joint sponsor (father-in-law)
- I864 form

- proof of US citizenship or LPR status (required of a joint)

- retirement statement
- ss statement
- savings/dividens 
Household member (mother-in-law)
- I864A form

- proof of US citizenship
- marriage certificate
- dividens - confused about what evidence mom should provide here?
I-765 Application for Employment Authorization:
- (2) passport-style photos 
- copy of passport biographical page

- copy of K1 visa

- copy of electronic I-94

I-131 Application for travel document (Advanced parole):

-  (2) passport style photos 

- copy of passport biographical page

- copy of K-1 visa

- copy of electronic I-94

I've read a million threads and gotten some conflicting information, but am I right so say I don't need to do 3 cover letters? Thanks again and I hope you don't think of me as rude to tag you like this :) 

Share this post


Link to post
Share on other sites
4 hours ago, Orientalelf said:

I've read a million threads and gotten some conflicting information, but am I right so say I don't need to do 3 cover letters?

You don't need any cover letters; that's just a courtesy to whoever's looking at your paperwork to let them know how you organized things. So one is fine (also, don't worry about who it's addressed to or whether it's signed; it's not a legal document or an official form).


K-1                             AOS
NOA1 Notice Date: 2018-05-31    NOA1 Notice Date: 2019-04-11
NOA2 Date: 2018-11-16           Biometrics Date: 2019-05-10
Arrived at NVC:  2018-12-03
Arrived in Moscow: 2018-12-28
Interview date: 2019-02-14
Visa issued: 2019-02-28
POE: 2019-03-11
Wedding: 2019-03-14

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...