Which version of I-864 Affidavit of Support to use?

[USAYemen 2]

Hello all. Earlier this year, my husband and I got a divorce. He is a USC and is currently trying to figure out which I-864 form to use for his parents. (Both parents live outside the USA and each have their own I-130 application.) I am assuming he can not use last year's tax transcript as we are no longer married. However, we were married last year. If his income alone doesn't meet the requirements, which version of the I-864 must he complete and which form must the sponsor complete. (I'm not the sponsor.) Will both he and the sponsor need to provide income? Thanks in advance!

[Verrou 1,962]

he can use last year tax transcript because that's the latest. does he work at the moment ? 

there's only 1 version for i-864 and he can download it through uscis website. 

if his current annual income ( 2022) is not enough, he will need joint sponsor. obviously joint sponsor need to have income. hence " sponsor" 

[arken 4,197]

5 minutes ago, Misscloud said:

there's only 1 version for i-864

This. 
 

Are you trying to help your ex or just trying to figure out his next steps. May be he already knows what to do. If he asks for your help and you don't know, directing him to join here is better so he can get the advices directly and nothing get lost in translation.

Edited September 12, 2022 by arken

[USAYemen 2]

I am trying to help him. We separated on good terms. The site lists many versions: I-864, I-864EZ, I-864W and I-864A.

[USAYemen 2]

Just now, arken said:

This. 
 

Are you trying to help your ex or just trying to figure out his next steps. May be he already knows what to do. If he asks for your help and you don't know, directing him to join here is better so he can get the advices directly and nothing get lost in translation.

I am trying to help him. We separated on good terms. The site lists many versions: I-864, I-864EZ, I-864W and I-864A.

 

[Dashinka 24,593]

Just now, USAYemen said:

I am trying to help him. We separated on good terms. The site lists many versions: I-864, I-864EZ, I-864W and I-864A.

As the primary sponsor, he would use either the full I864 or the I864EZ (not the I864A), and I864W does not seem to apply in the situation where he is petitioning for his parents.  Reading the criteria (see below) for the I864EZ, if he does not meet the income requirements, I think he needs to do the I864 and also look for a joint sponsor.

 

Good Luck!

 

A few petitioners can use an easier form of Form I-864 called the I-864EZ. To be eligible to use I-864EZ, you must meet all of the following requirements:

• Be the petitioner who filed the original Form I-130 on behalf of the intending immigrant;
• Have listed only one immigrant on Form I-130 (without any derivative spouses or children); and
• Be able to show sufficient income to support the intending immigrant based solely on your salary and pension, which amount is shown on the W-2 Form(s) provided by your employer or former employer.

https://citizenpath.com/faq/form-i-864ez/

 

[USAYemen 2]

Just now, Dashinka said:

As the primary sponsor, he would use either the full I864 or the I864EZ (not the I864A), and I864W does not seem to apply in the situation where he is petitioning for his parents.  Reading the criteria (see below) for the I864EZ, if he does not meet the income requirements, I think he needs to do the I864 and also look for a joint sponsor.

 

Good Luck!

 

A few petitioners can use an easier form of Form I-864 called the I-864EZ. To be eligible to use I-864EZ, you must meet all of the following requirements:

• Be the petitioner who filed the original Form I-130 on behalf of the intending immigrant;
• Have listed only one immigrant on Form I-130 (without any derivative spouses or children); and
• Be able to show sufficient income to support the intending immigrant based solely on your salary and pension, which amount is shown on the W-2 Form(s) provided by your employer or former employer.

https://citizenpath.com/faq/form-i-864ez/

 

Thanks for the help. If his income isn't sufficient, will the correct form to complete still be the I-864? Also, what version would the sponsor complete as well?

[Dashinka 24,593]

Just now, USAYemen said:

Thanks for the help. If his income isn't sufficient, will the correct form to complete still be the I-864? Also, what version would the sponsor complete as well?

Both he and the joint sponsor would fill out the I864 unless the joint sponsor is also a household member, then they could fill out the I864A.

[USAYemen 2]

Just now, Dashinka said:

Both he and the joint sponsor would fill out the I864 unless the joint sponsor is also a household member, then they could fill out the I864A.

Appreciate it. Thank you!

[Dashinka 24,593]

1 minute ago, USAYemen said:

Appreciate it. Thank you!

Apologies, to clarify, your ex would fill out the I864 only.  If he has a household member that is willing to use their income as part of the sponsorship, that person would fill out the I864A, but if the joint sponsor is not a household member, they would fill out their own I864.

 

Good Luck!

[USAYemen 2]

Just now, Dashinka said:

Apologies, to clarify, your ex would fill out the I864 only.  If he has a household member that is willing to use their income as part of the sponsorship, that person would fill out the I864A, but if the joint sponsor is not a household member, they would fill out their own I864.

 

Good Luck!

Nope no household member. So he has to complete the I-864 and the sponsor also needs to complete the I-864. But, on last year's tax status we filed jointly since we were married. He can not submit that now that we are divorced correct? So what does he send in for proof of income? 

[Chancy 6,241]

6 minutes ago, USAYemen said:

on last year's tax status we filed jointly since we were married. He can not submit that now that we are divorced correct? So what does he send in for proof of income?

 

Tax paperwork and proof of current income are separate requirements.  He MUST submit last year's tax filing because it is required.  It doesn't matter what tax filing status he used and that you are divorced now.

 

[Crazy Cat 41,981]

1 hour ago, USAYemen said:

He can not submit that now that we are divorced correct?

Incorrect.  He MUST submit most recent tax year forms. 

[Demise 1,296]

9 hours ago, USAYemen said:

I am trying to help him. We separated on good terms. The site lists many versions: I-864, I-864EZ, I-864W and I-864A.

Let me give you a rundown:

I-864 - The normal form

I-864EZ - The simplified form, only available in cases where you are only sponsoring one person per I-130

I-864W - Waiver form, it's used in cases where you're exempt from needing an affidavit of support because you're a VAWA self-petitioner, widow(er) of a US Citizen, child who'll become a US citizen on entry under the Child Citizenship Act of 2000, or you've got 40 quarters of work under the social security act

I-864A - Contract between household member and sponsor, basically this is a form of co-sponsorship where you agree to let the sponsor use your income or/and assets without really taking on the role of a co-sponsor

 

Tl;dr: Just have him use I-864. If he needs a cosponsor, the cosponsor will have to file I-864 as well.

Edited September 13, 2022 by Demise

[USAYemen 2]

20 hours ago, Crazy Cat said:

Incorrect.  He MUST submit most recent tax year forms. 

Thank you.