I-864 questions

[ferg9]

Having a little trouble filling out the i-864. Here's my story summarized: I'm living in China currently with my wife. I am employed and she is not. My current income is not above 125% of the poverty line. My mother will be a joint-sponsor. She is unmarried and lives alone. We plan to live in my mother's house temporarily when we arrive in the U.S.

 

 

1. Part 4.2 and 4.3 (Mailing Address and Place of Residence) - should I use my address in China? I know that I must provide evidence of domicile in the U.S. since I'm living in China currently, but wondering if I should use my intended address in the U.S. when filling out this form at all.

 

 

2. Part 6.6 a through c (Income you are using from any other person counted in your household size) - Should I leave this section blank? From what I understand, to calculate the household size on my i-864 I would count me and the person being sponsored, and on my mother's she would count herself and the person being sponsored, so it would always be a household size of 2 even though three of us will be living in the same residence. Is that right?

 

 

3. For every box we leave blank, including the squares for Alien Registration Number, should we write "None" or "N/A"?

 

 

4. Is it correct that both my mother and I need a letter from our employers? Is there a format for this? What should the letter from my employer in China state? My company is fairly incompetent when dealing with most issues, so knowing exactly what they need to write would be helpful.

 

 

5. As far as establishing domicile… I have a driver’s license, some credit card statements from 2013/2014, and transcripts of my past 3 years of tax returns. Will that be sufficient? Should I have my mother write an affidavit saying we plan to reside in her home upon our arrival in America? Should I have my wife bring my actual driver's license to the interview?

 

 

Thank you!!

[dnoblett]

1) Current residence, once you actually move back to the USA you can always file an I-865 to update the address.

 

2) "NONE"

 

3) None means None, N/A meas does not apply which is not the same as none. for example I am a US Citizen by birth, and natural born citizens never have an A# so answer N/A not None, however a G-325A provided by spouse who is a non-citizen could have had an A# from a prior residence in the USA but does not, so answer would be NONE.

 

4) Employer letter is one of many optional pieces of evidence, if your work is US Based and will continue after arrival in the states, then yes get a letter, if not then don't bother.

 

5) Copy of DL showing your mother's home and affidavit stating that her home is your US Domicile and that living abroad has been a temporary condition.

[ferg9]

Thank you Dan. Still a few things I need cleared up.

1. From what I understand, to calculate the household size on my i-864 I would count me and the person being sponsored, and on my mother's she would count herself and the person being sponsored, so it would always be a household size of 2 even though three of us will be living in the same residence. Is that right? Or should it add up to three (me, my wife, and my mother)?

 

2. There are so many boxes on the i-864 which do not apply to me, maybe more than actually do apply to me, like for family member 1, family member 2, family member 3, etc. all the way through 6. Is it okay to just leave those boxes blank, or must every single empty box have either N/A or None written on them (using N/A and None appropriately of course)? Maybe I am over-thinking this.

 

3. As a joint-sponsor, will my mother need a letter from her employer to establish her income and job status? What is the format for that letter?

 

4. The address on my driver's license is actually not the same as my mother's home address. My DL has my old college address on it. Does that mean it is useless as evidence for establishing domicile?

 

5. Should the affidavit stating that my mother's home is my US domicile be written by myself or by my mother?

 

 

Sorry to ask so many questions. Your advice is very much appreciated.

[dnoblett]

1) That is correct. only 2 family members on each I-864, self and sponsored immigrant.

 

2) None for additional members

 

3) Yes that is recommended.

 

4) Yes, the DL would not show domicile, bills, bank statements, and possibly tax returns showing your mother's address will, however maintaining a DL does show intent to return to the USA.

 

5) Probably have mother write this.

[ferg9]

I just realized that my mother is actually an independent contractor and not technically employed by any one company. Therefore her income is not fixed. Will this be a problem if I want to use her as a joint-sponsor? While her income is not fixed, it is stable which can be shown through tax returns. She also can get her largest client (who she has done business with for years and provides her with the majority of her business) to write an affidavit attesting to this.

 

Would it be best to provide more than three years of tax returns to prove her income is stable?

 

Should she write her own affidavit explaining that her income, while not fixed, is stable?

 

Thanks

[KevinNelson]

Okay, a different take.

 

For the I-864, part 4.2, I put my U.S. domicile address, not my address in China. I used the same address in part 2.2. There are other forms I discovered that you can use for your Chinese address. All the others, I agree with what has already been said. Basically, the form is used to prove that you have the financial ability to support your beneficiary, once you get back into the States.

 

I guess the differing interpretation of these forms gives the government some legitimate work for its people.

[ferg9]

Thanks for your suggestion Kevin.

I just realized that my mother is actually an independent contractor and not technically employed by any one company. Therefore her income is not fixed. Will this be a problem if I want to use her as a joint-sponsor? While her income is not fixed, it is stable which can be shown through tax returns. She also can get her largest client (who she has done business with for years and provides her with the majority of her business) to write an affidavit attesting to this.

Would it be best to provide more than three years of tax returns to prove her income is stable?

Should she write her own affidavit explaining that her income, while not fixed, is stable?

Thanks

[jwdoetsch]

Okay, a different take.

 

For the I-864, part 4.2, I put my U.S. domicile address, not my address in China. I used the same address in part 2.2. There are other forms I discovered that you can use for your Chinese address. All the others, I agree with what has already been said. Basically, the form is used to prove that you have the financial ability to support your beneficiary, once you get back into the States.

 

I guess the differing interpretation of these forms gives the government some legitimate work for its people.

 

Are you living here in China?

[ferg9]

Yes I'm living here in China. I think I'm all cleared up on the question of address. Dan said to use our current address in China, and Dan's the man so I think I'm going to go with that advice. I have my other question which I don't want to get lost in the shuffle so I'll post that one again...

 

I just realized that my mother is actually an independent contractor and not technically employed by any one company. Therefore her income is not fixed. Will this be a problem if I want to use her as a joint-sponsor? While her income is not fixed, it is stable which can be shown through tax returns. She also can get her largest client (who she has done business with for years and provides her with the majority of her business) to write an affidavit attesting to this.

Would it be best to provide more than three years of tax returns to prove her income is stable?

Should she write her own affidavit explaining that her income, while not fixed, is stable?

Thanks

[jwdoetsch]

Kevin, are you living here in China?

[dnoblett]

Kevin, are you living here in China?

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