i-864 I-864 and I-864A

[Garvit Jain 0]

Hello Everyone 

I have few questions regarding my parents RFE. I am applying for them from USA as they are here. 
I have applied for their I-130 and i-485 separate in Feb, 2022 and they got an RFE asking for Affidavit of Support. My question is: 

1. I and My wife do the tax return jointly, so should I add her name as i-864A. I make just above poverty line for family of 5.
2. I did my parents separate i-130 so what should I do in i-864 Part 5 (so in my family it is (3)ME + MY WIFE+ MY 6 Month Kid), and my Mom-Dad.

3. USCIS check as family of 4 or family of 5? 
4. Should I send 1044 (30 page) and W-2, or should I add 1099 as well? 
 

Hope I didnt miss anything. 
Thank You in Advance

 

[Chancy 6,233]

*** Moved from Bringing Family of USC forum to AOS from Work/Student/Tourist Visas forum -- topic is about AOS of parents already in the US ***

 

*** Removed duplicate thread.  Please do not create multiple threads on the same topic. ***

 

Edited August 17, 2022 by Chancy
removed duplicate thread

[Garvit Jain 0]

1 hour ago, Garvit Jain said:

Hello Everyone 

I have few questions regarding my parents RFE. I am applying for them from USA as they are here. 
I have applied for their I-130 and i-485 separate in Feb, 2022 and they got an RFE asking for Affidavit of Support. My question is: 

1. I and My wife do the tax return jointly, so should I add her name as i-864A. I make just above poverty line for family of 5.
2. I did my parents separate i-130 so what should I do in i-864 Part 5 (so in my family it is (3)ME + MY WIFE+ MY 6 Month Kid), and my Mom-Dad.

3. USCIS check as family of 4 or family of 5? 
4. Should I send 1044 (30 page) and W-2, or should I add 1099 as well? 
 

Hope I didnt miss anything. 
Thank You in Advance

 

 

1 hour ago, Garvit Jain said:

Hello Everyone 

I have few questions regarding my parents RFE. I am applying for them from USA as they are here. 
I have applied for their I-130 and i-485 separate in Feb, 2022 and they got an RFE asking for Affidavit of Support. My question is: 

1. I and My wife do the tax return jointly, so should I add her name as i-864A. I make just above poverty line for family of 5.
2. I did my parents separate i-130 so what should I do in i-864 Part 5 (so in my family it is (3)ME + MY WIFE+ MY 6 Month Kid), and my Mom-Dad.

3. USCIS check as family of 4 or family of 5? 
4. Should I send 1044 (30 page) and W-2, or should I add 1099 as well? 
 

Hope I didnt miss anything. 
Thank You in Advance

 

Thank You Chancy for removing. I am new to this and didnt know.

I needed a quick response cuz I am sending the docs today.

[lovinglive 24]

21 hours ago, Garvit Jain said:

Hello Everyone 

I have few questions regarding my parents RFE. I am applying for them from USA as they are here. 
I have applied for their I-130 and i-485 separate in Feb, 2022 and they got an RFE asking for Affidavit of Support. My question is: 

1. I and My wife do the tax return jointly, so should I add her name as i-864A. I make just above poverty line for family of 5.
2. I did my parents separate i-130 so what should I do in i-864 Part 5 (so in my family it is (3)ME + MY WIFE+ MY 6 Month Kid), and my Mom-Dad.

3. USCIS check as family of 4 or family of 5? 
4. Should I send 1044 (30 page) and W-2, or should I add 1099 as well? 
 

Hope I didnt miss anything. 
Thank You in Advance

 

 

There have been a lot of posts on the issue of 864 and 864A on this forum over the years, if you search the forum you will find a lot of answers.

 

Are your parents living with you and your wife?

 

1.  As I recall, most people said if you file taxes jointly your wife has to file an 864A, because USCIS will have no way to separate your income out from your wife's if she doesn't file 864A.

2. It seems to me, even though you filed I-130 separately, your household in the end is going to be 5 people, so it should be 5.

3.  You seem to be asking if USCIS will check the income levels based on 4 or 5 people.  If both of your parents will be living in you and your wife's household, then yes, it would be based on 5 people.

4.  Not familiar with 1044, but if you don't send tax transcript, you must send tax filings with W-2 and all 1099s.

 

[lovinglive 24]

Also not sure why you didn't file an I-864 with your original applications?  It would be more useful if you told more about what the RFE says.