NVC - I864 Questions

[Ian H. 207]

What I meant was his stepson being included in the household size, not listed in part 3. Also he and his dad make the poverty level already, so it's unnecessary to include his mother.

[NikLR 13,220]

When they combine incomes yes. But it's an odd way to do it, especially if they don't file taxes together. Majority of the time I do not recommend combining incomes in a house unless it's a husband and wife. That's why his case is confusing. Also his step son is NOT included in the household size on the wife's I-864 but the wife will be on the step-son's.

The NVC will know what the household size is from the step-son's I-864. To include the step-son on his mother's would get them a checklist.

[Ian H. 207]

The problem is that his dad doesn't make enough on his own and neither does the OP in order to file separate I-864's. When they combine their income, however, they meet the requirement. I advised the OP that he can include his mom, but only if she has enough income to put them well above the requirement. Otherwise the I-864A for his dad only is fine since him and his dad make enough for a family of 4. Surprisingly, the I-864A doesn't take into account the household size for the household member, which is why his mom need not be included even if she files jointly with his dad.

[Ian H. 207]

To the OP: The household size on your wife's I-864 will be 3 (you, her and your dad) and the household size for your stepson will be 4(you, wife, him, and your dad). So don't include your stepson in part 5 no 4 in your wife's I-864, and do include your wife on part 5 no 3 on your stepson's I-864.

[Hetzed 1]

You need a joint sponsor. If you live with your father you can combine incomes. I"m not sure about your mother. I think it would be odd not to include her. Does she work? Does she make more than your father? Can she not be your joint sponsor? I wish pushbrk was here because he really is the best at this.

Is there no one else who can be your joint sponsor? A friend or someone who makes more money?

Step children DO NOT go on the I-864 for a spouse because they have their OWN petition. I do not believe they are not considered dependents for tax purposes until they live with the step parent in the USA.

OK, I'm filling all the information that you gave me. So far is this: (let me know if I did something wrong).

First: I-864 For my wife.

Part 1.

1. My name.

1.a. mark X.

(Do I have to put none or n/a in the other answers for this part?)

Part 2.

My wife info.

5. She doesn't have a A-Number so leave this blank, right?

Part 3.

1. Mark Yes.

Left all the Family Members blank.

7. Entered 1

Part 4.

My name and address (couldn't enter the whole address because don't have enough space).

Part 5.

1. Entered 1

3. Entered 0

4. Entered 1

7. Entered 1 (My Father will combine his income with mine. His annual income is 15,083.

8. Entered a total of 4, counting me.

Part 6.

1. Currently employed

(Do I have to put none or n/a in the other answers for this part?)

5. Current Annual Income: This is what I'm going to earn: 18,720

Person 1

6a. My father's name 6b. father 6c. 15,083

13. Do I have to mark this one?

13a, 13b, 13c Tax Year and my Income in those years.

14. I marked this one.

Part 7. Left this blank, Do I have to put none on this?

Part 9. Do I have to put none on this?

Now, Do I have do the same for my stepson, What is the difference in his I-864. (My stepson is nearly 3 years old).

I-864A

Part1. My Fathers Info.

8. I marked C. and Parent.

9. Don't know if I have to fill the c. Retired from or d. Unemployed (He receives Social Security).

10. Entered the amount of: 15,036.00

11. He doesn't have to fill taxes, I left this blank

12. Left this blank as well.

13. How do I fill this?

My father have to fill two of this, right? What is the difference for my stepson?

[Hetzed 1]

To the OP: The household size on your wife's I-864 will be 3 (you, her and your dad) and the household size for your stepson will be 4(you, wife, him, and your dad). So don't include your stepson in part 5 no 4 in your wife's I-864, and do include your wife on part 5 no 3 on your stepson's I-864.

Excellent, I had not seen this response.

[Hetzed 1]

My tax returns are from Puerto Rico. I'm not required to fill the federal income tax.

The forms are in Spanish. I called to request a translated version, and their response was, I had to print the form and staple it in English.

They have the W2 attached to them, and only have and electronic copy.

[Ian H. 207]

OK, I'm filling all the information that you gave me. So far is this: (let me know if I did something wrong).

First: I-864 For my wife.

Part 1.

1. My name.

1.a. mark X.

(Do I have to put none or n/a in the other answers for this part?) NO

Part 2.

My wife info.

5. She doesn't have a A-Number so leave this blank, right? YES

Part 3.

1. Mark Yes.

Left all the Family Members blank. YES

7. Entered 1

Part 4.

My name and address (couldn't enter the whole address because don't have enough space). You can hand write this part.

Part 5.

1. Entered 1

3. Entered 0

4. Entered 1 According to previous post, don't include stepson here.

7. Entered 1 (My Father will combine his income with mine. His annual income is 15,083.

8. Entered a total of 4, counting me. Total 3, including you.

Part 6.

1. Currently employed

(Do I have to put none or n/a in the other answers for this part?) NO

5. Current Annual Income: This is what I'm going to earn: 18,720

Person 1

6a. My father's name 6b. father 6c. 15,083 YES

Add yours and your dad's income on no. 10

Check box no. 11.

13. Do I have to mark this one? YES

13a, 13b, 13c Tax Year and my Income in those years.

14. I marked this one.

Part 7. Left this blank, Do I have to put none on this? NO. You could leave this blank since you meet the income requirements, unless you have assets you would like to use.

Part 9. Do I have to put none on this? No, you leave that blank.

Now, Do I have do the same for my stepson, What is the difference in his I-864. (My stepson is nearly 3 years old).

Same as above, except you put him in part 5 no 1, and your wife in part 5 no 3. This time you will have a household size of 4.

I-864A

Part1. My Fathers Info. Yes

8. I marked C. and Parent. Yes

9. Don't know if I have to fill the c. Retired from or d. Unemployed (He receives Social Security). Select box "c" Retired, last place he worked as company name. If he was self-employed, write that.

10. Entered the amount of: 15,036.00 Yes

11. He doesn't have to fill taxes, I left this blank He has to include letter stating he isn't required to file because his income is not taxable and proof of the IRS law which says so, here is the link:

http://www.irs.gov/taxtopics/tc423.html

12. Left this blank as well. Ok

My father have to fill two of this, right? What is the difference for my stepson?

Your dad has to submit two separate I-864A's. One for your wife and one for your stepson.

13. How do I fill this? You are the sponsor, enter "1" in the next box, wife's info in "a" for her I-864A, stepson's info in "a" for his, you sign no. 14, no. 15 your dad is the household member, enter "1" in the next box, your dad signs no. 16.

[Ian H. 207]

If you didn't file the regular 1040, 1040A, or 1040EZ, then you also have to write a letter stating that you aren't required to file a federal income tax return because of the Puerto Rico tax law you fall under and submit proof of the exemption. Here is the link:

http://www.irs.gov/publications/p570/ch03.html#en_US_2013_publink1000221281

Also, if you didn't file the federal tax returns, uncheck part 6 no. 13 and leave 13.a through 14 blank. You still should submit the 1040PR or other PR tax return you filed and your w2. You will need two copies, one for your wife the other for your stepson. You can make copies of the full returns and sign them. As for the translation, I couldn't find an English version of the form. I found the 1040-SS which I read somewhere is the same as the 1040-PR.

http://www.irs.gov/pub/irs-pdf/f1040ss.pdf

My tax returns are from Puerto Rico. I'm not required to fill the federal income tax.

The forms are in Spanish. I called to request a translated version, and their response was, I had to print the form and staple it in English.

They have the W2 attached to them, and only have and electronic copy.