Form i864 and i864A using Household Member Income

[lgonza98 0]

When filing for my husband, I used my mom's income since I am a student and I am dependent on her tax returns. However, on form i864 where it asks if I filed a Federal income tax return do I put yes and add my mom's information or do I put no and attach evidence of being a student? If so, what information should I include to say I am a student?

[NancyNguyen 1,657]

You don't file tax, so it is a NO and a written statement explaining why you don't is sufficient. 

[pushbrk 12,979]

1 hour ago, NancyNguyen said:

You don't file tax, so it is a NO and a written statement explaining why you don't is sufficient. 

Correct, but the Petitioner in this case will complete an I-864 of her own.  Her mother will be a Joint Sponsor not a household member, assuming she qualifies on her own.  A petitioner with no income has no income to combine with a household member, so the I-864a is not used in such a case.  Petitioner AND Joint Sponsor parent will each provide I-864 forms and if Mom is married, her spouse will provide an I-864a whether they have any income or not, and no matter what their income is.

[NancyNguyen 1,657]

3 minutes ago, pushbrk said:

Correct, but the Petitioner in this case will complete an I-864 of her own.  Her mother will be a Joint Sponsor not a household member, assuming she qualifies on her own.  A petitioner with no income has no income to combine with a household member, so the I-864a is not used in such a case.  Petitioner AND Joint Sponsor parent will each provide I-864 forms and if Mom is married, her spouse will provide an I-864a whether they have any income or not, and no matter what their income is.

Yes Sir I forgot to mention it that's for her own I-864.

[pushbrk 12,979]

2 minutes ago, NancyNguyen said:

Yes Sir I forgot to mention it that's for her own I-864.

So now you understand there will be an I-864 for you stating that you are a student with no income.  Your Mom's form will have her information and you will be counted in her household size.  She is NOT counted in your household size.

[lgonza98 0]

5 minutes ago, pushbrk said:

Correct, but the Petitioner in this case will complete an I-864 of her own.  Her mother will be a Joint Sponsor not a household member, assuming she qualifies on her own.  A petitioner with no income has no income to combine with a household member, so the I-864a is not used in such a case.  Petitioner AND Joint Sponsor parent will each provide I-864 forms and if Mom is married, her spouse will provide an I-864a whether they have any income or not, and no matter what their income is.

I'm confused, I read that the household member is someone that lives with me and is a family member, while a joint sponsor does not live with me. In the case of a joint sponsor they would have to file a separate i864 but since I live with my mom she qualifies as my household member and she doesn't have to fill out a separate i864.

[pushbrk 12,979]

2 minutes ago, lgonza98 said:

I'm confused, I read that the household member is someone that lives with me and is a family member, while a joint sponsor does not live with me. In the case of a joint sponsor they would have to file a separate i864 but since I live with my mom she qualifies as my household member and she doesn't have to fill out a separate i864.

Then you didn't read enough yet.  However, if you just do what I advised, you'll be doing it correctly.  A joint sponsor can live with you.  A household member can live with you.  But you are NOT "combining" income with your mother.  She is your qualified joint sponsor.  Do it as I advised.

[lgonza98 0]

1 minute ago, pushbrk said:

Then you didn't read enough yet.  However, if you just do what I advised, you'll be doing it correctly.  A joint sponsor can live with you.  A household member can live with you.  But you are NOT "combining" income with your mother.  She is your qualified joint sponsor.  Do it as I advised.

[pushbrk 12,979]

The above is neither from USCIS, the National Visa Center, or a Consular Immigrant visa unit.  My advice is based on best practices and lots of direct and indirect experience.  Note also the difference between the meaning of "does not have to" and "does not".  Note the meaning of "contribute".   You are not contributing any income.  Your mother will be qualifying on her own.  She will be the joint sponsor.

[Just Paul 4,595]

You are the primary sponsor; you file am I-864.   You mother is a Joint Sponsor (because your I-864 doesn't support the petition).  The Joint Sponsor files an I-864 and any other household member (bot you) files an I-864A.  This is being added to the Joint Sponsor.

[lgonza98 0]

1 minute ago, Paul & Mary said:

You are the primary sponsor; you file am I-864.   You mother is a Joint Sponsor (because your I-864 doesn't support the petition).  The Joint Sponsor files an I-864 and any other household member (bot you) files an I-864A.  This is being added to the Joint Sponsor.

Sorry what do you mean that any other household member files an I-864A? 

[pushbrk 12,979]

44 minutes ago, lgonza98 said:

Sorry what do you mean that any other household member files an I-864A? 

Like I said, if your mother is married, her husband files an I-864a no matter what.  If she is not married and has enough qualifying income, then no household member is involved.

[Lucky2Lucky 2,526]

19 hours ago, lgonza98 said:

Sorry what do you mean that any other household member files an I-864A? 

OP; for things to go smoother- is your mom married?!

[NikLR 13,227]

Also OP do not put your mother's income down on your I-864 even though she claimed you as a dependent.  It's not YOUR income, it was hers.