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Need Assistance Completing I-864

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  • Need Assistance Completing I-864

    My dad is sponsoring 2 of my brothers. He retired a few years ago. He submitted I-864W (request for exemption), but the embassy requested he submits I-864. I am submitting one for him as a joint sponsor. However I need assistance completing part 2 (information about the principal immigrant) and part 3 (information about the immigrant you are sponsoring). Do I need to list someone in part 2? What part do I need to list my brothers (2 of them)? Just wanted to clarify that both are on separate NVC case numbers. Do I need to submit separate I-864? or Can I submit a single I-864? If so where do I list them? Part 2 or Part 3? I appreciate your help.
    Last edited by MoozB; 04-10-2019, 01:05 PM.

  • #2
    Your post is confusing. Who is the petitioner? You or your dad? I-864W is for people who don't need an I-864 (because they will immediately meet the conditions for the obligations to terminate); it is filed by the immigrant. Why would your brothers file I-864W if they weren't eligible? (And why would your father file? That doens't make sense.)

    If your dad is the petitioner, he must submit an I-864, even if his income is not enough, and even if you are filing a separate I-864 as the joint sponsor. You would list the principal beneficiary of the I-130 petition in Part 2 (i.e. the particular brother of yours who is being petitioned on that I-130). Assuming you are the only joint sponsor (which is the usual case), you would check Yes in Part 3 #1, and if the brother has a spouse and/or children who are immigrating together, you would check box Part 3 #2 or #3 and list those spouse and children information in Part 3. If you are being the joint sponsor for both of the brothers, then you will need to submit two I-864s, one for each I-130.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Your post is confusing. Who is the petitioner? You or your dad? I-864W is for people who don't need an I-864 (because they will immediately meet the conditions for the obligations to terminate); it is filed by the immigrant. Why would your brothers file I-864W if they weren't eligible? (And why would your father file? That doens't make sense.)

      If your dad is the petitioner, he must submit an I-864, even if his income is not enough, and even if you are filing a separate I-864 as the joint sponsor. You would list the principal beneficiary of the I-130 petition in Part 2 (i.e. the particular brother of yours who is being petitioned on that I-130). Assuming you are the only joint sponsor (which is the usual case), you would check Yes in Part 3 #1, and if the brother has a spouse and/or children who are immigrating together, you would check box Part 3 #2 or #3 and list those spouse and children information in Part 3. If you are being the joint sponsor for both of the brothers, then you will need to submit two I-864s, one for each I-130.

      Thank you for your response. My dad is the petitioner, and submitted I-864W because he has already earned credit for 40 quarters of coverage under the Social Security Act (SSA). My brothers did not submit I-864, just my dad did. However the embassy has asked that he files an I-864 even though he meets the requirement for an I-864W. Now that the embassy has requested an I-864 from my dad, he is filing one and I am filing a separate one as joint sponsor because his income is not enough. I was wondering if I need to file a separate I-864 for my brothers(two of them with separate I-130) or a single I-864 and list them in the same I-864.
      Last edited by MoozB; 04-14-2019, 04:29 AM.

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      • #4
        Originally posted by MoozB View Post


        Thank you for your response. My dad is the petitioner, and submitted I-864W because he has already earned credit for 40 quarters of coverage under the Social Security Act (SSA). My brothers did not submit I-864, just my dad did. However the embassy has asked that he files an I-864 even though he meets the requirement for an I-864W. Now that the embassy has requested an I-864 from my dad, he is filing one and I am filing a separate one as joint sponsor because his income is not enough. I was wondering if I need to file a separate I-864 for my brothers(two of them with separate I-130) or a single I-864 and list them in the same I-864.
        If your brother is the beneficiary, your brother would submit I-864W if your brother has earned 40 Social Security credits. It has nothing to do with credits your dad earned (unless they were earned when your brother was under 18).

        Again, two I-130s so two I-864s. the I-864 for each brother will not mention the other brother.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Thank you for your response. I am filing a separate I-864 as joint sponsor. When I was filing my tax, I filed it as married filing jointly. However, the entire income is from me (wife did not work a single hour). Does my wife need to complete I-864A even though the entire income is from me? Appreciate your help.

          Comment


          • #6
            Originally posted by MoozB View Post
            Thank you for your response. I am filing a separate I-864 as joint sponsor. When I was filing my tax, I filed it as married filing jointly. However, the entire income is from me (wife did not work a single hour). Does my wife need to complete I-864A even though the entire income is from me? Appreciate your help.
            No, your wife shouldn't need to complete an I-864A if you are not counting her income. You would need to attach your W-2s even if you use a tax return transcript.

            Some consulates are known to insist on the spouse's I-864As anyway.

            This is my personal opinion and is not to be construed as legal advice.

            Comment

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