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

[pushbrk 12,232]

4 hours ago, Luckycuds said:

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.

Exactly.  However, for many fields, checking a box a certain way prevents any entry in following related fields so leaving blank is OK.  Also, once you've indicated one "NONE" for former spouse, names of children, or other immigrants, the rest of the related fields can be left blank with no issue.  Common sense and clarity will win the day.

[o1michmich 2]

I am sponsoring my husband to come to the US but since I am making very little money, I am having my father be a joint sponsor and fill out i-864 as well. However, he filed his taxes jointly with my mother, so she will have to fill out an i-864A. The issue is she does not want to be liable for my husband so she is refusing to do it. Does anyone know the best solution to this problem? I do not have anyone that can help as a sponsor other than my father.......

[o1michmich 2]

And does anyone know if she does agree to help as a household member, is it possible for her to back out once he comes to the us?

[Villanelle 4,121]

Once the 864 or 864a is accepted and 'used' it can never be withdrawn.

 

Since you are doing the CR spouse process you submit the 864 stuff and once your spouse enters the US they get their GC and when they enter-sponsorship can never be withdrawn. A sponsor can withdraw up until they enter the US, but once they enter- no.

 

What Embassy are you using? It can impact things but generally the 864a is not required IF the sponsor makes enough on their own. Just because Dad and Mom file jointly - Dad can be a sponsor (864) and Mom does not 'automatically' need to do the 864a. Many COs will want the 864a from Mom though to be sure the other spouse knows of the financial burden being undertaken with what really is their joint assets and income. What does Dads income look like? If Dad earns 90% of their joint income and Mom just has a part time job they may not care if she does the 864a. If they are 50-50 then are they both independently over poverty guidelines? There are just countless scenarios so instead of me listing them all out its easier for you to just give us a round about idea about what they earn. And then we can give opinions on whether youd be okay with only doing the 864 and no 864a. Ultimately though its up to the CO. 

[arken 4,197]

Not all COs ask for the i864A if the joint sponsor has sufficient income but some do regardless. If they ask for it, there is no way around it.

 

Your mother cannot back out of the AOS after your husband immigrates even if you divorce him but will be automatically relieved of its obligations once

- he becomes a citizen

- he works for 40 quarters (~ 10 years) with at least some minimum income

- he abandons GC and departs US

- he or your mother dies (excuse my wordings, they are from USCIS)

 

 

 

[o1michmich 2]

I am filing through the Department of State NVC. My father makes over $100,000. My mother makes a bit over $20,000. SO yes, he earns the vast majority of the income..  I am just worried that they will still want my mom to fill out a form like you said..

[Crazy Cat 39,599]

14 minutes ago, o1michmich said:

I am filing through the Department of State NVC. My father makes over $100,000. My mother makes a bit over $20,000. SO yes, he earns the vast majority of the income..  I am just worried that they will still want my mom to fill out a form like you said..

In what country will your husband interview?

[o1michmich 2]

2 minutes ago, Lucky Cat said:

In what country will your husband interview?

He is a Russian Citizen interviewing in Russia

[Ronniesu 2]

9 hours ago, o1michmich said:

I am sponsoring my husband to come to the US but since I am making very little money, I am having my father be a joint sponsor and fill out i-864 as well. However, he filed his taxes jointly with my mother, so she will have to fill out an i-864A. The issue is she does not want to be liable for my husband so she is refusing to do it. Does anyone know the best solution to this problem? I do not have anyone that can help as a sponsor other than my father.......

Your situation is very similar to mine. If your father makes more than enough for sponsoring, your mother doesn't need to fill out any form even thought they file tax jointly. Keep in mind that because filing tax jointly so your father need to submit W-2s along with tax transcripts (showing his individual income)

[pushbrk 12,232]

1 hour ago, Ronniesu said:

Your situation is very similar to mine. If your father makes more than enough for sponsoring, your mother doesn't need to fill out any form even thought they file tax jointly. Keep in mind that because filing tax jointly so your father need to submit W-2s along with tax transcripts (showing his individual income)

Technically, yes.  If mom won't sign, that's OK for NVC.  If the Consular Officer ends up asking for Mom's I-864a, then it suddenly becomes "required".  Try without it and see what happens.

[Ryan H 3,796]

***Similar topics merged; please ask all question you have about the I-864 and items pertaining to it in this thread instead of starting new threads for every question you have about this form and its requirements.***