I-864/I-864A and household size?

[keala]

Hi everyone,

 

First of all I would like to say thank you for all of your helpful posts, it has really helped me and my husband during this long process. We are in the final stages and have our interview scheduled in 2 weeks. I just have a few questions about the AOS form.

 

I am the petitioner and my husband (French) is the beneficiary. We have been living in China for the past 5 years and now are planning on moving back. We will live with my mother upon immediate return and while searching for new jobs. My salary now does cover the poverty lines, however I do understand that this will not really be considered as I will techinically be unemployed when we move back to the US. I have a few questions below and confirmations:

 

1. Since my mom will act as the only joint-sponsor and her income is above the poverty line, does she need to fill out the I-864A or just the I-864?

 

2. When she does fill it out, is her household 2 or 3? Myself, husband and her would be living with her, but I am not a dependent legally, I think it should be 2 only, my husband and her-but not sure

 

3. Since I am filling out the I-864 as I am the petitioner, would my household be counted as only 2 since it will be me, my husband and mother too?

 

4. Also, since my current job here in Beijing will end shortly, do I even put that in the section under Sponsors' Income and employement, under the 'individual' income as I am still employed until we leave for the US?

 

5. #10 is the current annual houshold income (compared to poverty) if mines does not reach the lines, which currently does, will not when moved back to the US, does this matter as my mom will be filing as a joint sponsor and her total number will be higher? I imagine that I should fill it out with my current employment information and it will be supplemented with my moms?

 

 

Thanks for your help!

 

 

 

[dnoblett]

1. Typically a joint sponsor also fills out the I-864 as a joint sponsor, the I-864A is for a member of household to add their income to that of a sponsor or joint sponsor's income.

 

2. Household size will just be 2, joint sponsor and the intending immigrant.

 

3. Yes, just 2, just you and the sponsored immigrant, on your I-864 do not count immigrant as "spouse"

 

4. Yes you need to show current income and past income, it shows a track record of employment.

 

5. Your current income.

 

Attach copies of your 1040 returns for this year, the consulate may demand past 3 years. If married before last December your current return should show Married either filing Joint or Separate.

 

You can get IRS transcripts on line here: http://www.irs.gov/Individuals/Get-Transcript

 

You will also need to provide evidence that you maintained domicile in the USA.

[keala]

Hi Dan,

 

Thanks for your help and the clarification, really appreciate it! As for the part about 'maintaining domicile' I already have my credit card, bank statements, driver's license, insurance information and intention letter-do you think that should suffice?

 

Thanks also for the link for transcripts!

[dnoblett]

Hi Dan,

 

Thanks for your help and the clarification, really appreciate it! As for the part about 'maintaining domicile' I already have my credit card, bank statements, driver's license, insurance information and intention letter-do you think that should suffice?

 

Thanks also for the link for transcripts!

That should work for domicile evidence, I assume address is your parent's home.

[KevinNelson]

Okay... I am somewhat in a similar situation. I'm applying for a green card for my wife. I'm currently working at the poorest-paying university in China, getting only 3,700 yuan per month. So I need a "sponsor" or whatever the term is. Therein lies the rub.

 

I know I need my father's help for the application process. Does he file an I-864 or I-864a? We plan on using as the established domicile as his home address, since that is where I lived before I came to China, and all my financial and legal documents are tied up to his address.

 

I know I am a "sponsor." I am also a "petitiioner." But what is a "joint sponsor?"

 

Also, on part two of the I-864, is that the mailing address of the person being sponsored (my wife)? Or is that our current address? Or my domicile address in the States?

 

We live in Xi'an. In part four, it asks for our mailing address. Do we use our current address in China? If they try to mail things to the States, it could really delay things a lot. Also part four asks for my phone number. Do I use my phone number in China, which doesn't fit the form?

 

Then comes the problem of finding out how my dad is supposed to fill out his part of the form. What information on both of our forms is identical? Is it only part 2?

 

We will need to file ASAP, but from what I understand, I best have the I-864 from my father completed before we file the I-130 for my wife. We hope to get to the States by the fourth week of June, 2015.

[tsap seui]

Okay... I am somewhat in a similar situation. I'm applying for a green card for my wife. I'm currently working at the poorest-paying university in China, getting only 3,700 yuan per month. So I need a "sponsor" or whatever the term is. Therein lies the rub.

 

I know I need my father's help for the application process. Does he file an I-864 or I-864a? We plan on using as the established domicile as his home address, since that is where I lived before I came to China, and all my financial and legal documents are tied up to his address.

 

I know I am a "sponsor." I am also a "petitiioner." But what is a "joint sponsor?"

 

Also, on part two of the I-864, is that the mailing address of the person being sponsored (my wife)? Or is that our current address? Or my domicile address in the States?

 

We live in Xi'an. In part four, it asks for our mailing address. Do we use our current address in China? If they try to mail things to the States, it could really delay things a lot. Also part four asks for my phone number. Do I use my phone number in China, which doesn't fit the form?

 

Then comes the problem of finding out how my dad is supposed to fill out his part of the form. What information on both of our forms is identical? Is it only part 2?

 

We will need to file ASAP, but from what I understand, I best have the I-864 from my father completed before we file the I-130 for my wife. We hope to get to the States by the fourth week of June, 2015.

I don't have all of your answers Kevin but will give it a shot on what I do know.

 

A "joint sponsor" or co-sponsor is what your father will be. Your father will use the I-864 form.

 

You don't need to file the I-864 for yourself and your father when you submit your I-130, that will come later in the process, but yes, you do want to be squared away with your father's I-864 since you are filing from CHina and your timeline from initial application to interview will be pretty quick.

 

I don't have an I-864 handy to look at but Dan and Randy can help you with your other questions.

 

On any form, if you can't fit a phone number or address on the form it is okay to use a supplemental sheet that is clearly marked as to the question number and form it pertains to.

 

Good luck

 

tsap seui

[dnoblett]

Okay... I am somewhat in a similar situation. I'm applying for a green card for my wife. I'm currently working at the poorest-paying university in China, getting only 3,700 yuan per month. So I need a "sponsor" or whatever the term is. Therein lies the rub.

 

I know I need my father's help for the application process. Does he file an I-864 or I-864a? We plan on using as the established domicile as his home address, since that is where I lived before I came to China, and all my financial and legal documents are tied up to his address.

 

I know I am a "sponsor." I am also a "petitiioner." But what is a "joint sponsor?"

 

Also, on part two of the I-864, is that the mailing address of the person being sponsored (my wife)? Or is that our current address? Or my domicile address in the States?

 

We live in Xi'an. In part four, it asks for our mailing address. Do we use our current address in China? If they try to mail things to the States, it could really delay things a lot. Also part four asks for my phone number. Do I use my phone number in China, which doesn't fit the form?

 

Then comes the problem of finding out how my dad is supposed to fill out his part of the form. What information on both of our forms is identical? Is it only part 2?

 

We will need to file ASAP, but from what I understand, I best have the I-864 from my father completed before we file the I-130 for my wife. We hope to get to the States by the fourth week of June, 2015.

I-864 NOT required when filing the I-130, it is needed later for the visa interview or by NVC depending on where you file the I-130

 

Father is not considered to be a member of YOUR household, he will be acting as a joint sponsor, he will provide an I-864 and you will provide an I-864 as primary sponsor.

 

Person sponsored is not yet in the USA so their non USA address is used.

 

OK going through the I-864.

• Part 1
  • 1 on your I-864 is You, on your fathers it will be his name
  • 1.a. on yours You check, as for father (Joint Sponsor) he checks 1.d.
• Part 2 is immigrant's address now, (Address in china)
• Part 3 is more about sponsored immigrant
  • 1 Yes for both your and your father's
  • 2.a should be you
• Part 4 is your information or on your father's his information.
• Part 5
  • Your I-864
    • 1 count wife (The immigrant)
    • 2 count yourself
    • 3 DO NOT Count your wife She is already counted by #1
    • 4 - 7 count any dependents
    • 8 Total
  • Your father's I-864
    • 1 Count your wife
    • 2 counts himself
    • 3 counts his wife if married
    • 4 - 7 any dependents
    • 8 total
• Part 6 Employment info
  • Part 6 Question 6 through 9 would be members of household contributing income to help support, usually these people would provide I-864A forms.
• Part 7 Assets and additional income, this is optional and only used if primary income is low

 

As for what to attach. The standard and expected by consulate is:

• 3 years IRS returns or transcripts. (Transcripts are easy to get and are free, here: http://www.irs.gov/Individuals/Get-Transcript
• Copies of past 6 months pay stubs
• Letter from employer.

For you, best to provide copies of past year's tax returns or transcripts, even if below min required to file, you can still file a return late without penalty and attach a copy of this to your I-864.

 

As for domicile, provide evidence of maintaining US domicile or in process of reestablishing it. Father (Joint Sponsor) provides evidence of citizenship or residency to the USA.

[KevinNelson]

I am being paid through direct deposits to Chinese banks. I do not get bank check stubs. What should I do to prove I have income?

[dnoblett]

I am being paid through direct deposits to Chinese banks. I do not get bank check stubs. What should I do to prove I have income?

Most banks provide online access to bank statements, you can print them out and highlight the deposits, or if you get physical statements, you can have someone scan and email them to you.

[Randy W]

I am being paid through direct deposits to Chinese banks. I do not get bank check stubs. What should I do to prove I have income?

 

Chinese banks will usually allow printed statements through an ATM-like machine in the lobby of the building, similar to the receipts you can get from the regular ATM machines.

 

If your income is ABOVE a taxable level (around $10,000 to $20,000 depending on filing single or married), you can simply submit your income tax returns - these are NECESSARY even if you end up paying $0 U.S. income tax after figuring the Foreign Earned Income Exclusion. If you earned BELOW that amount, you may wish to file your back returns anyway as evidence of your income.