Question on I-864A (split from another thread)

[Trillian42 6]

I'm sorry for hijacking this post but I have a question.

What happens if there is no parent two? In my case, I'm having my husband's mother fill a I-864A. She files joint taxes with her husband (my husband's stepfather) and we really don't wan't to ask him to sign anything.

[NikLR 13,220]

I'm sorry for hijacking this post but I have a question.

What happens if there is no parent two? In my case, I'm having my husband's mother fill a I-864A. She files joint taxes with her husband (my husband's stepfather) and we really don't wan't to ask him to sign anything.

She should complete an I-864 not an I-864a unless she declares her son as a dependant on her taxes. She will need to submit her entire tax return including 1040 and W2 (and any schedules) vs the tax transcript which will not individualize her income.

[Trillian42 6]

So if I have her complete a I-864, get her paystubs, 1040 and W2 (which she doesn't have anymore cause she is retired) would I still need her husband to sign a I-865A? Having her husband sign anything is not an option for me though

I read the I-864 and I-864A instructions and it doesn't say anything about I-864A being used only in case the sponsor signing I-864 is the dependent. It only talks about being in the same household, or, quoting the I-864A instructions, "A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent or sibling."

Edited August 14, 2013 by Trillian42

[NikLR 13,220]

So if I have her complete a I-864, get her paystubs, 1040 and W2 (which she doesn't have anymore cause she is retired) would I still need her husband to sign a I-865A? Having her husband sign anything is not an option for me though

I read the I-864 and I-864A instructions and it doesn't say anything about I-864A being used only in case the sponsor signing I-864 is the dependent. It only talks about being in the same household, or, quoting the I-864A instructions, "A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent or sibling."

No. I didn't say that. She just should complete an I-864 and provide the entire tax return to show how she received her income and also give documents which prove current income. If you use a MFJ tax transcript they do not differentiate between the two incomes so you MUST use a I-864 and an I-864a for the other spouse. You do not want to do this so you need to send the entire tax return instead.

I-864a is for when people reside together, are related, and want/need to COMBINE incomes. If you read the forms, not just the instructions, your husband would have to count his mother on his household count if she completes an I-864a. She would then combine her income with his to create the "household income." The problem is his father is part of the household so now the house hold is 4 people - you (the immigrant), your husband, his mother, and his father. You're trying to make this easier not more difficult. Have the mother sign a completed I-864 and submit HER entire tax return. She should also submit anything that shows current income which is above the poverty level. If she is retired and no longer makes above the poverty level guidelines for 3 people, you must find another joint sponsor. (The 3 people are herself, her husband and the immigrant - her son or any other children is not included unless she claims him on her taxes. She would have to include him or any other children, if she does claim them on her tax return as dependants.)

clear as mud I know.

[Trillian42 6]

I understand. Thanks for the quick reply! =)

We want to combine their incomes (my husband and his mother) . If they consider a household of 4 or 3 it doesn't really matter. So I guess the I-864A is the right way to go for me then. I'm providing paystubs and w2s with her individual income.

Edited August 15, 2013 by Trillian42

[KayDeeCee 4,892]

I understand. Thanks for the quick reply! =)

We want to combine their incomes (my husband and his mother) . If they consider a household of 4 or 3 it doesn't really matter. So I guess the I-864A is the right way to go for me then. I'm providing paystubs and w2s with her individual income.

Okay, so you live with his mom and step dad, correct? Your husband wants to use his mom's income as a household member to combine with his. So, his mom fills out the I-864A, provides the total income from her joint taxes where it asks on the form and provides either a complete copy of the 2012 joint return with all forms, schedules, W-2s and/or 1099s or a tax return transcript plus her W-2 to show her individual income from the joint taxes. She provides her individual current annual income where it asks and provides a letter from her employer and/or most recent pay stub(s) to prove it. He lists her income from her I-864A on his I-864 where it asks and combines hers with his to get a total.

Also, I believe you are needing the I-864 for filing AOS, according to your timeline, so I am going to send this thread to the appropriate forum.

~ Moved from IR-1/CR-1 Process to AOS from Family Based ~