Question about I864 form

[Jane Hat 1]

Hi,

 

I am a LPS rwho requested two underage children. I am in the NVC stage and I would like to which form do I need to fill out since my income is not enough and my son-in-law will be helping me as co-sponsor. I thought he had to sign the I864A form because we live in the same house, but in the instructions it says that only a sibling, a parent or an adult child should fill out that form. 

1) Does it mean that he needs to fill out 1864 instead? 

 

Since I am a resident, I had to file a separate petition for each of my children, but my  children's cases have been approved and handled at the same time. So I am not sure what to put in Part 3.. Number 2: "I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2. (Do not include any relative listed on a separate visa petition)''

 

2) Do I need to check that box and put my other child's information so both or them are counted when doing the sponsors's household size?

I was planning to check that box, but then I read what is on parenthesis and not sure if filing a different I130 for each of my children counts as a separate visa peition.

 

Also in part 5, number 6. It says: ''if you have sponsored any other persons on Form I864 or form I864EZ who are now lawful permanent residents, enter the number here''.

3) My son-in-law was one of my sponsors, so I could come to US as LPR. Do we need to put a number there? He signed I86A, but not form I864 or I864EZ.

 

I appreaciate any help you can offer me. Thanks!

 

 

[zaback21 28]

2 hours ago, Jane Hat said:

Hi,

 

I am a LPS rwho requested two underage children. I am in the NVC stage and I would like to which form do I need to fill out since my income is not enough and my son-in-law will be helping me as co-sponsor. I thought he had to sign the I864A form because we live in the same house, but in the instructions it says that only a sibling, a parent or an adult child should fill out that form. 

1) Does it mean that he needs to fill out 1864 instead? 

 

Since I am a resident, I had to file a separate petition for each of my children, but my  children's cases have been approved and handled at the same time. So I am not sure what to put in Part 3.. Number 2: "I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2. (Do not include any relative listed on a separate visa petition)''

 

2) Do I need to check that box and put my other child's information so both or them are counted when doing the sponsors's household size?

I was planning to check that box, but then I read what is on parenthesis and not sure if filing a different I130 for each of my children counts as a separate visa peition.

 

Also in part 5, number 6. It says: ''if you have sponsored any other persons on Form I864 or form I864EZ who are now lawful permanent residents, enter the number here''.

3) My son-in-law was one of my sponsors, so I could come to US as LPR. Do we need to put a number there? He signed I86A, but not form I864 or I864EZ.

 

I appreaciate any help you can offer me. Thanks!

 

 

 

1. Usually a 'household member' is with whom you share tax/jointly submit tax return submits i-864A. Now whether 'household member'also means one who lives in the house but you don't file taxes together, that perhaps other can clarify.

 

2. Usually from my experience, it applies to derivatives of principal immigrant. Since, it mentions not to include any relative listed on a separate visa petition, don't check it as you are only sponsoring one person per I-864. 

 

3. Who sponsored you before, doesn't matter anymore (or did you sponsor him, it is unclear from your writing). Also are you still jointly filing taxes with your son-in-law and daughter? Usually if she is married, she has her own household for tax purposes. You can live in the same property, but for taxes, it is usually separate. 

 

I think you need to enter details for 2,3,4 and 5 and clarify your children/dependents. 6 doesn't apply unless you sponsored your son-in-law or anyone before. 

Edited November 5, 2019 by zaback21

[HRQX 4,145]

10 hours ago, zaback21 said:

3. Who sponsored you before, doesn't matter anymore

It does matter if it's currently the "period in which the affidavit of support is enforceable": https://www.uscis.gov/system/files_force/files/form/i-864a.pdf Page 4

[Jane Hat 1]

Thank you both for your response.

 

Question number 3 was in regards to the form that my son-in-law will sign to help me sponsor my children. My daugther and him filled out an affidavit of support for me when I was applying for my residence.  So I guess he may have to check that box. The thing is that he didnt sign I864 or I864EZ. He signed I864A. 

[lalinda.chica 1]

@Jane Hat

Hi Jane, Im confused also. My mom is petitioning my sister. My mom didn't make enough money so me and my husband wanted to help her out. A household members is a person who lives in the same address but in the form i864 you can only put relatives (spouse, daughter, son). So I was wondering if my husband should fill up i864A also or diff. form? Thank you. 

[Jane Hat 1]

3 minutes ago, lalinda.chica said:

@Jane Hat

Hi Jane, Im confused also. My mom is petitioning my sister. My mom didn't make enough money so me and my husband wanted to help her out. A household members is a person who lives in the same address but in the form i864 you can only put relatives (spouse, daughter, son). So I was wondering if my husband should fill up i864A also or diff. form? Thank you. 

Well...I was told that I needed to fill out 4 forms. One for me (petitioner-1864) and one for my husband  (1864A) because we filed taxes together.  One for my son-in-law (sponsor-1864) and one for my daughter (1864A) because they filed taxes together.  I am not sure how to upload all 4 forms in the system though. I also read the I1864A instructions and it says that form is only for certain relatives (parents or children) that are household members. I havent received the WL yet, so I am still doing research about. Please let me know how it goes. Thanks!

[lalinda.chica 1]

@Jane Hat I will let you know. Im doing research also because we don't want to mess up the form and can cause delation of the petition. 
Good luck with you. 

[Jane Hat 1]

Just now, lalinda.chica said:

@Jane Hat I will let you know. Im doing research also because we don't want to mess up the form and can cause delation of the petition. 
Good luck with you. 

Thanks so much. Any help/advice is highly appreciated, so thanks!

[lalinda.chica 1]

@Jane Hat Sorry, so my husband have to fill up form i864 even if my mom live with us?