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.
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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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Originally posted by newacct View PostYour 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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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.
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.
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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.
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Originally posted by MoozB View PostThank 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.
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.
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