I-864 question

[MarcRosie]

Sorry for all these questions...about everything.

 

I'm needing to fill out the I-864 for the visa process for my wife's daughter. My wife is the petitioner (she sent in the I-130 for her daughter), I'm going to be the sponsor. Do I just fill out the regular I-864 or ? It gives these options....

 

You can use the I-864EZ if all three of the following are true:

• You filed a Form I-130 petition, for your relative (I didn't file the 130. My wife did.)
• There is only one applicant on the Form I-130 petition, and (There is only one applicant on the 130, her daughter)
• All your qualifying income comes from a salary or pension and shows on one or more W-2 Forms that you receive (All the qualifying income does come from my salary and shows on my tax returns I'll be sending in.)

Then it gives this....

 

If none of the above apply (but some of them do apply)

 

and you can use the regular I-864

 

So my main question would be is my wife the sponsor and I am a supporting sponsor? Or am I the sponsor as it's 'my' income it will be based off of. And what form do we use?????

 

Sorry. Maybe I have "form overload" and they all scare me!!! Or at least making a mistake on them does.

 

Thanks again!!

 

 

 

[dnoblett]

Actually your wife needs to be Primary sponsor because she is the petitioner, she will provide the I-864, and if her income is not sufficient you will provide an I-864A as member of household to add your income.

 

You cannot use an I-864EZ since you already sponsored your wife, the (More than one immigrant)

[MarcRosie]

Thanks! But her income is $0. So when she fills out the 864 she just puts $0 in all the income spots? Or because we file jointly can she use my income per the joint tax returns?

[dnoblett]

She can indicate her income is $0 and you can list your full income on the I-864A, attach a copy of the returns to both the I-864 and I-864A.

 

You can use returns which are 1040 + W2 and 1099 forms, or you can use tax transcripts, http://www.irs.gov/Individuals/Order-a-Transcript

[MarcRosie]

Actually your wife needs to be Primary sponsor because she is the petitioner, she will provide the I-864, and if her income is not sufficient you will provide an I-864A as member of household to add your income.

 

You cannot use an I-864EZ since you already sponsored your wife, the (More than one immigrant)

Just 1040's aren't enough? Need to have W2s?

 

So I'd need to do the 864A as a household member and not a joint sponsor?

 

Sorry, I know I'm making this too confusing (for me) but I just want to make sure we do this right.

[dnoblett]

 

Actually your wife needs to be Primary sponsor because she is the petitioner, she will provide the I-864, and if her income is not sufficient you will provide an I-864A as member of household to add your income.

 

You cannot use an I-864EZ since you already sponsored your wife, the (More than one immigrant)

Just 1040's aren't enough? Need to have W2s?

 

So I'd need to do the 864A as a household member and not a joint sponsor?

 

Sorry, I know I'm making this too confusing (for me) but I just want to make sure we do this right.

 

From form I-864 instructions:

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-864Taxes.jpg

You can go either way, I-864A as a household member, or I-864 as Joint sponsor, it's your choice.

[Randy W]

 

Actually your wife needs to be Primary sponsor because she is the petitioner, she will provide the I-864, and if her income is not sufficient you will provide an I-864A as member of household to add your income.

 

You cannot use an I-864EZ since you already sponsored your wife, the (More than one immigrant)

Just 1040's aren't enough? Need to have W2s?

 

So I'd need to do the 864A as a household member and not a joint sponsor?

 

Sorry, I know I'm making this too confusing (for me) but I just want to make sure we do this right.

 

I'm going to guess that you and your wife filed a joint tax return, and so would file a single I-864 as the primary sponsors including all income from both of you.

[MarcRosie]

Well...this would make it far easier filing one I-864. We have filed jointly since she got here for the past 2 years.

 

So you guys disagree on what needs to be filed though. What are your thoughts.

[dnoblett]

Well...this would make it far easier filing one I-864. We have filed jointly since she got here for the past 2 years.

 

So you guys disagree on what needs to be filed though. What are your thoughts.

This is the other option, however your wife needs to be listed as primary sponsor on the I-864 because she is the petitioner, she derives her "income" from you.

 

Send this to NVC and see how they handle it, and leave them to decide if you also need to provide an I-864 or I-864A.

[newacct]

 

 

Actually your wife needs to be Primary sponsor because she is the petitioner, she will provide the I-864, and if her income is not sufficient you will provide an I-864A as member of household to add your income.

 

You cannot use an I-864EZ since you already sponsored your wife, the (More than one immigrant)

Just 1040's aren't enough? Need to have W2s?

 

So I'd need to do the 864A as a household member and not a joint sponsor?

 

Sorry, I know I'm making this too confusing (for me) but I just want to make sure we do this right.

 

I'm going to guess that you and your wife filed a joint tax return, and so would file a single I-864 as the primary sponsors including all income from both of you.

 

No. The OP needs to fill out an I-864A to be able to include the current income from him. His wife has no current income.

Edited January 2, 2014 by newacct (see edit history)

[newacct]

 

Actually your wife needs to be Primary sponsor because she is the petitioner, she will provide the I-864, and if her income is not sufficient you will provide an I-864A as member of household to add your income.

 

You cannot use an I-864EZ since you already sponsored your wife, the (More than one immigrant)

Just 1040's aren't enough? Need to have W2s?

 

Yes, and all accompanying forms. An easier way is to order a tax return transcript from IRS. It's free and you don't need to include anything else with it.

[MarcRosie]

I guess I'll call NVC on this one. Tried calling yesterday and the office was closed due to the weather. But it seems like sending in the 864 from my wife and the 864A from me would be safe. It actually says this on the NVC web site. Also on a couple sites from law offices. If the Petitioners income isn't sufficient then the 864A needs to be filled out. But there, to me, is a gray area when it comes to what/who is a joint sponsor or household member. I read one place where it says that only siblings, parents, children can be household members. Doesn't say anything about a spouse being able to be deemed a household member.

 

Question though. What is an 'OP'?

[Randy W]

The I-864 is signed by an individual. The directions specify that "You may use the income of your spouse . . . if they complete and sign Form I-864a". So, yes, you would need to sign a separate I-864a, although it's unclear what they expect in the way of specifying separate income

[dnoblett]

Hover mouse over any underlined acronym and a box pops up telling you.

 

OP = origional poster ie you who started the thread.

[ameriken]

Since I am in a similar situation (wife going to school and has no income), let me add a related question to this thread: I am completing the I-864a (to bring her parents here) since I will ultimately be the supporting family member. My wife does have a 401k from her last job. When completing the assets section on P2 of the I-864a, does her 401k get included here, or only joint assets and assets in my name only?

Edited August 9, 2014 by ameriken (see edit history)