Some questions

[awch]

This is the last form to fill out before we can send everything in... and it's the hardest. I have a couple of questions:

 

1. Part 2: Basis for filing affidavit of support- which one should we check?

 

2. I currently make enough money to sponsor my husband but I didn't the past 3 years and that will show on my tax returns. Does he need a co-sponsor or does only current income matter?

 

3. I lived in China for the past 2 years and didn't file for taxes. What do I do???

 

4. I don't understand form I-864A: what is the difference between household member and immigrant?

 

Thanks.

 

 

 

Thanks.

[david_dawei]

Here is a VJ sample of the I-864:

 

http://www.visajourney.com/examples/INS-Form-I-864.pdf

 

For Part 2, basis, They show selection of "a" .

 

 

See the following for some guidance as well:

 

I-864 Fact Sheet:

http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

 

16. What if income tax returns have not been filed for each of the most recent 3 tax years?

 

 

A sponsor must include as many of the income tax returns for the most recent 3 tax years with the affidavit of support as he or she was required by law to file. If the sponsor filed fewer tax returns than were required, he or she should contact the Internal Revenue Service to determine how to file retroactively. If fewer than three returns were required for reasons such as less than 3 years' residency in the United States or lack of sufficient income, the sponsor should explain the reasons on the affidavit of support.

 

 

17. How is eligibility of a person to sponsor immigrants determined?

 

 

There is no set formula for determining whether a person qualifies as a sponsor. The greatest weight will be placed on earnings from current employment and the total unadjusted income shown on the most recent three tax returns. In most instances a sponsor who is employed and demonstrates ability of household members to earn income at or above 125 percent of the poverty line for the number of persons who will be supported will be found eligible.

 

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In many comments, it is not very clear if the current income or three years is used as the determination... but #17 above seems to state that all three years will be the first determinant, but current year could alone be sufficient in some cases (?).

 

If you want to avoid a denial, you should just get the joint sponsor... otherwise, you can do it with only your income and wait to see.

 

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The immigrant is also referred to as the 'sponsored immigrant'... this person could be a household member in come cases (see #13)...

 

I think #12 defines best terms you are asking about:

 

12. What is the Contract Between Sponsor and Household Member, Form I-864A?

 

 

The Contract Between Sponsor and Household Member, Form I-864A, is a contract between the sponsor and anyone qualifying as a household member or dependent of the sponsor who agrees to make his or her income and/or assets available for the support of the immigrants being sponsored in the affidavit of support. By signing this form, household members agree to be jointly responsible with the sponsor to reimburse the costs of any means-tested public benefits used by the sponsored immigrants.

[frank1538]

4. I don't understand form I-864A: what is the difference between household member and immigrant?

160729[/snapback]

David gave some good references, but I'll try to expand on the difference between "household member" and "sponsored immigrant".

 

A "household member" generally is someone who has been living in your residence for at least the last 6 months who is related to you by birth, marriage, or adoption, or is a dependent for income tax purposes. Your household size (and poverty threshold) is determined, in part, with reference to your household members.

 

A "sponsored immigrant", your spouse in this case, is the person for whom you must file the I-864. A sponsored immigrant may also meet the definition of a household member.

 

If you will be using the income/assets of a "household member" other than the "sponsored immigrant" to satisfy the tests, the household member should execute the I-864A. Otherwise, you don't need the I-864A. If you need someone else, other than a household member to satisfy the test, that person should complete another I-864 as a joint sponsor.

 

A special rule applies if your spouse is both the "sponsored immigrant" and a "household member". If the sponsored immigrant is also a household member (married and residing with you for at least 6 months?), you can include his income and assets in determining whether you meet the poverty thresholds . He does not need to file a separtate I-864A or a second I-864 for you to be able to do this.

 

Confused? Yeah, me too. Think of it this way. If you are going to use the assets/income of your husband, just do it. If you need the assets/income of another household member, do the I-184A. If you need the assets/income of someone who is not a household member, do another I-864 as joint sponsor.

[awch]

Thanks, actually that is helpful. The reason why it's a little confusing for us is cuz we live with my mom so I guess she would be a household member. But she is not dependent on us.

 

And I was hoping to sponsor my husband alone, but since I didn't make enough money when I was living in China, I guess my mom will have to co-sponser. So we will need the I-864A, with my mom as the household member.

 

So... if my mom is a joint sponser, but we live in the same house, does she need to file another I-864 or is the "A" part enough for her income to also count?

 

My husband isn't working so I can't count his income.

 

Thanks again.

Edited October 17, 2005 by amberzhu (see edit history)

[david_dawei]

Ty's gave a great link in this thread...

 

I-864 or I-864A, confused

http://candleforlove.com/forums/index.php?showtopic=8626

 

 

It is important to differentiate between household members and joint sponsors. To meet the 125 percent income requirement, a petitioner may count his/her income and assets and/and the income and assets of household members (as defined in Paras 20 and 25) in the same Affidavit of Support.

 

As long as the household members are included in the same Affidavit of Support and have signed Form I-864a (see Para 21), they are not considered joint sponsors.

 

Anyone outside the household, as defined by the act, must submit a separate Affidavit of Support and will be considered separately as a joint sponsor. Joint sponsors may similarly include the income and assets of their own qualified household members to meet the income requirement.

 

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But this all seems to simply fall back to, are parents, when you are living with them, to be considered a "household member" or not...

 

Based on Frank's definition (also stated in the link), your parents are not household members.. unless you were claiming them on your income tax.

 

I would consider the parents 'joint sponsors' and they fill out I-864.

Edited October 17, 2005 by DavidZixuan (see edit history)

[Chemist_Geek]

OK, again, I somehow messed up and they RFE'd us.

 

The USCIS claims that the I-864 we sent in, was not from the petitioner/sponsor. At this point, I'm not the petitioner, my wife is petitioning for AOS. I'm the sponsor.

 

On the I-864 instructions, page 5, there's absolutely no mention whatsoever of the I-129F. However, on page 2, it reads:

 

The list below identifies who must become sponsors by completing and signing a Form I-864.

* The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600A for an orphan.

 

Well, that would be me, right?

[david_dawei]

OK, again, I somehow messed up and they RFE'd us.

 

The USCIS claims that the I-864 we sent in, was not from the petitioner/sponsor. At this point, I'm not the petitioner, my wife is petitioning for AOS. I'm the sponsor.

 

On the I-864 instructions, page 5, there's absolutely no mention whatsoever of the I-129F. However, on page 2, it reads:

 

The list below identifies who must become sponsors by completing and signing a Form I-864.

* The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600A for an orphan.

 

Well, that would be me, right?

As the USC who filed the original I-129F petition, you were the petitioner of that form... and also the sponsor.

 

For AOS (I-485), she is the petitioner and you are the sponsor;

 

Make sure your using the most recent I-864:

http://www.uscis.gov/files/form/I-864.pdf

 

For part 1, check "a" (even though it uses the word 'petitioner').

 

For part 3, Q.8, check this and check "yes" block.

 

When you return the I-864, you can include a brief cover letter to it trying to clarify that you filed the original I-129F, married her within the 90 days and you are sponsor for the I-485 filing...