I-864 questions for DCF

[Salirah]

My husband (Petitioner, US citizen) and I married in October 2013, he has been living in China for 10 years. The first 9 years he had a work residence permit, and the last year he has been using a dependent residence permit. Now we have decided to move to the US, and we are preparing to try to get my US residence permit via DCF in Guangzhou. My husband has had no income for the last tax year, so his parents will co-sponsor me, and they are both retired. We have couple of questions regarding to I-864:

 

1. Should he file his form I-864 and both parents file two forms I-864A?, or should he and parents file three separate form I-864s? Looking at the I-864 it seems like it should be the first option, since his domicile address is the same as his parents' address in the US.

 

2. His parents' retirement income is much higher than the poverty guideline (about 5 times), so is there any benefit to putting our assets and/or his parents' assets (e.g. savings, property, etc...) onto the form I-864 and/or form I-864A's?

 

3. When my husband fills out part 4 of the form I-864, should he put his US domicile address as his Mailing Address and his address in China as his Residence Address, or another way around?

 

Thanks in advance.

 

[dnoblett]

1) Your spouse the petitioner will be primary sponsor and provide an I-864 and parents will provide an I-864 as joint sponsor, if both parents have an income, then one provides an I-864 as a joint sponsor and the other provides an I-864A to add their income to that of the joint sponsor.

 

2) Nope, no need to show assets if income is more than sufficient.

 

3) Current residence address, and can show US Domicile through evidence.

[Salirah]

Oh, I forgot to add... the parents filed their taxes jointly and both live at the same address in the US.

 

By the way, if my husband does a for form I-864, his mother does a form I-864, and the father does a form I-864A then how do they fill out part 5 (household size) of the form I-864?

 

Thanks

[dnoblett]

Oh, I forgot to add... the parents filed their taxes jointly and both live at the same address in the US.

 

By the way, if my husband does a for form I-864, his mother does a form I-864, and the father does a form I-864A then how do they fill out part 5 (household size) of the form I-864?

 

Thanks

 

I-864 part 5, for Joint sponsor (His mother)

 

Box 1 is 1 which will be the immigrant.

Box 2 is always 1

Box 3 is 1 the joint sponsor's spouse.

For a total of 3 (Your spouse the petitioner is NOT considered a member of their household.)

 

I-864 for petitioner (Your husband)

 

Box 1 is 1

Box 2 is 1

Box 3 is BLANK (Immigrant is not counted twice, spouse is the immigrant counted in box 1)

For a total of 2

[Salirah]

 

Oh, I forgot to add... the parents filed their taxes jointly and both live at the same address in the US.

 

By the way, if my husband does a for form I-864, his mother does a form I-864, and the father does a form I-864A then how do they fill out part 5 (household size) of the form I-864?

 

Thanks

 

I-864 part 5, for Joint sponsor (His mother)

 

Box 1 is 1 which will be the immigrant.

Box 2 is always 1

Box 3 is 1 the joint sponsor's spouse.

For a total of 3 (Your spouse the petitioner is NOT considered a member of their household.)

 

I-864 for petitioner (Your husband)

 

Box 1 is 1

Box 2 is 1

Box 3 is BLANK (Immigrant is not counted twice, spouse is the immigrant counted in box 1)

For a total of 2

 

Hi, dnoblett, thank you so much

 

[dnoblett]

Hi, dnoblett, thank you so much

One more note, if the joint sponsors are supporting anyone else in their home, such as claiming on their return, they would count them, and the count would be more than 3. I am assuming this is not the case since you say they are retired.