I-864/I-864a Important Questions (merged threads)

[o1michmich 2]

I have been looking through this forum for quite some time now but I have not come across a scenario that answers all of my questions. I have a guess as to how to properly fill this out but I want to be certain I am correct. Here is my situation:

 

I am petitioning for my husband to come to the US. In the past 3 years (2019, 2018, 2017) i have had a job and filed my taxes. However, this year (2020) I am working as a freelancer but have only made around $100.

 

I live with my father, mother and brother. My father files his taxes jointly with my mother, who also has a job and they claim my brother and I as dependents. My father is more than able to surpass the poverty guideline for all of us with his income alone.

 

My questions are:

 

- since I barely make money, is my father considered a joint sponsor or is he considered a contributing household member?

 

- how many people would i record for household size when I fill out the i-864 for myself?

 

- does my mother and brother have to fill out any forms, even if they do not need to contribute their income to meet the poverty guideline?

 

Sorry for such a long post, I just want to be as clear as possible. Thank you very much for the help.

[pushbrk 12,106]

5 hours ago, o1michmich said:

I have been looking through this forum for quite some time now but I have not come across a scenario that answers all of my questions. I have a guess as to how to properly fill this out but I want to be certain I am correct. Here is my situation:

 

I am petitioning for my husband to come to the US. In the past 3 years (2019, 2018, 2017) i have had a job and filed my taxes. However, this year (2020) I am working as a freelancer but have only made around $100.

 

I live with my father, mother and brother. My father files his taxes jointly with my mother, who also has a job and they claim my brother and I as dependents. My father is more than able to surpass the poverty guideline for all of us with his income alone.

 

My questions are:

 

- since I barely make money, is my father considered a joint sponsor or is he considered a contributing household member?

 

- how many people would i record for household size when I fill out the i-864 for myself?

 

- does my mother and brother have to fill out any forms, even if they do not need to contribute their income to meet the poverty guideline?

 

Sorry for such a long post, I just want to be as clear as possible. Thank you very much for the help.

Thanks for not asking an unimportant question. 🙃  You are the primary sponsor and will complete your own I-864.  Because you show not self employment on a tax return yet, your current income is zero.  Dad is the only joint sponsor, completing an I-864.  Mom is his household member and completes an I-864a whether she has income or not.

 

Then, there is the issue of Dad's household size.  If you filed your own tax return in 2019, it makes no sense you are your parent's dependent on their tax return for 2019.  If were not claimed in 2019 then you are not part of your parents' household size, even if the expect to claim you for 2020.  2020 tax returns are filed in 2021.  Perhaps that's a point of confusion.  Please clarify.

[o1michmich 2]

14 hours ago, pushbrk said:

Thanks for not asking an unimportant question. 🙃  You are the primary sponsor and will complete your own I-864.  Because you show not self employment on a tax return yet, your current income is zero.  Dad is the only joint sponsor, completing an I-864.  Mom is his household member and completes an I-864a whether she has income or not.

 

Then, there is the issue of Dad's household size.  If you filed your own tax return in 2019, it makes no sense you are your parent's dependent on their tax return for 2019.  If were not claimed in 2019 then you are not part of your parents' household size, even if the expect to claim you for 2020.  2020 tax returns are filed in 2021.  Perhaps that's a point of confusion.  Please clarify.

Thank you for the response.

 

I am still a dependent and was claimed as dependent for all tax years including 2019. However, for 2019, I was holding a job and had significant income, which is under the poverty guideline though. This is why I am unsure of what to put for current income since I always had a job for the years that our taxes were completed (2018, 2018, 2019).

 

Could freelancing be considered self employment, even though I am not making a significant amount? I did have to fill out a W9 form when I began, but it is not showed on the 2019 tax return since I began in January 2020.

 

Lastly, would my brother have to fill out an I-864a as well since he is a member of the household as a dependent?

 

I hope I provided enough clarification. Please let me know if I need to specify anything further.

[pushbrk 12,106]

7 hours ago, o1michmich said:

Thank you for the response.

 

I am still a dependent and was claimed as dependent for all tax years including 2019. However, for 2019, I was holding a job and had significant income, which is under the poverty guideline though. This is why I am unsure of what to put for current income since I always had a job for the years that our taxes were completed (2018, 2018, 2019).

 

Could freelancing be considered self employment, even though I am not making a significant amount? I did have to fill out a W9 form when I began, but it is not showed on the 2019 tax return since I began in January 2020.

 

Lastly, would my brother have to fill out an I-864a as well since he is a member of the household as a dependent?

 

I hope I provided enough clarification. Please let me know if I need to specify anything further.

You are self employed. Until self employment income appears on a tax return, "current income" is zero.  You understand 2019 is not "current".  It is past.  Right?

 

No, you brother does not need to complete anything whether he has income or not.  Joint sponsor's spouse does because they file a joint tax return.  You HAVE downloaded and studied those I-864 instructions, right???

[o1michmich 2]

1 hour ago, pushbrk said:

You are self employed. Until self employment income appears on a tax return, "current income" is zero.  You understand 2019 is not "current".  It is past.  Right?

 

No, you brother does not need to complete anything whether he has income or not.  Joint sponsor's spouse does because they file a joint tax return.  You HAVE downloaded and studied those I-864 instructions, right???

I have read the instructions. I just wanted to make sure I do this right the first time. Thank you very much for verifying.

 

I was confused after seeing comments on this forum saying that if current income is zero then there can only be a joint sponsor even if they are part of the household, as there is is no income to be combined. I am unsure of the cutoff point since it is wierd to me to have a job but make such little money. However I should make some more as the year continues..

 

Since I am still employed with a small amount of income, is that not enough for my father to be a contributing household member for me and he fills out i-864a? It cannot be shown on any tax return that I have because I started this year so it would only be on the 2020 tax return, which only happens next year.

[pushbrk 12,106]

6 minutes ago, o1michmich said:

I have read the instructions. I just wanted to make sure I do this right the first time. Thank you very much for verifying.

 

I was confused after seeing comments on this forum saying that if current income is zero then there can only be a joint sponsor even if they are part of the household, as there is is no income to be combined. I am unsure of the cutoff point since it is wierd to me to have a job but make such little money. However I should make some more as the year continues..

 

Since I am still employed with a small amount of income, is that not enough for my father to be a contributing household member for me and he fills out i-864a? It cannot be shown on any tax return that I have because I started this year so it would only be on the 2020 tax return, which only happens next year.

You are self employed, so have no income because it has not appeared on a tax return yet.

 

I've said often that if the joint sponsor qualifies on their own, there is no need to combine income with the petitioner, so they act as joint sponsor, not household member.  I understand your situation and stand by my original advice, based on best practices.

[o1michmich 2]

45 minutes ago, pushbrk said:

You are self employed, so have no income because it has not appeared on a tax return yet.

 

I've said often that if the joint sponsor qualifies on their own, there is no need to combine income with the petitioner, so they act as joint sponsor, not household member.  I understand your situation and stand by my original advice, based on best practices.

Okay. This makes sense. 

 

So to verify, when i record household size for my i-864, I would put only my husband and myself, since there are no categories that my other family members would fall into. And for my fathers household size, he would put himself, my mother, my brother, my husband and I. Is this correct?

[pushbrk 12,106]

5 hours ago, o1michmich said:

Okay. This makes sense. 

 

So to verify, when i record household size for my i-864, I would put only my husband and myself, since there are no categories that my other family members would fall into. And for my fathers household size, he would put himself, my mother, my brother, my husband and I. Is this correct?

Yes, but you only because he's claiming you on his tax return.  Otherwise not.

[o1michmich 2]

5 hours ago, pushbrk said:

Yes, but you only because he's claiming you on his tax return.  Otherwise not.

Understood. Thank you so much for this help!

[o1michmich 2]

I am filling out the AOS and I know it asks for the 3 most recent tax years, but I am having issues with this years taxes (2019). They have gotten lost in the mail and it is uncertain when they will be put in the system. I cannot delay the visa process for my husband to come here though..... Would it be incorrect if I submitted the AOS with tax information from 2016, 2017, and 2018?

 

Thank you

[SalishSea 16,770]

Public charge is based on current finances, so my guess is they will require it if its been filed.  In lieu of transcript, you can send a copy of your 1040 with all supporting docs (W2, schedules, 1099s etc).

[o1michmich 2]

10 minutes ago, Jorgedig said:

Public charge is based on current finances, so my guess is they will require it if its been filed.  In lieu of transcript, you can send a copy of your 1040 with all supporting docs (W2, schedules, 1099s etc).

As far as I know, it is not on record with the IRS yet... so I'm not sure if I should record it on the AOS.........

[payxibka 10,044]

6 minutes ago, o1michmich said:

As far as I know, it is not on record with the IRS yet... so I'm not sure if I should record it on the AOS.........

Of course you should note it.  

[o1michmich 2]

I am filling out the I-864 and I-864A documents and there are some answers that do not apply to me such as additional sponsored immigrants or information for an interpreter or preparer. Should I leave these questions blank or put N/A?

 

Thanks

[Lucky2Lucky 2,526]

N/A

 

Please read the instructions on the form as it tells you what to write.. And double check it before you submit.

 

1. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.