new form I-864 expires 03/31/2020 version ?

[Theoyen]

Hi All,

So my siblings case is current now after 12 yrs waiting and i'm getting ready to fill this form out for my mom since it's under her petition. Since her income will not meet the poverty level and i'll help with combining my income, is Part 6 section 24.a just for my mom's recent tax return and it's gross income right not taxable income on her 2018 tax return right? I don't include my income on that line right? I have to fill out another I-864a for me to count with my mom's income so it meet the 125% poverty level right?

Also, i noticed Part 5 section 8 household size has 1 already which i think USCIS made a mistake. It should be total household income right?

Lastly, since my mom got the email stated paying the fee and using the electronic CEAC website i assume she can submit her tax return, I-864 online right or do you still need to mail it?

It's been a while since i fill this out and wanted to make sure.

Thank you all for the input/help.

I'm excited to see my siblings after 12 yrs waiting.

[newacct]

Does your mother claim you as a dependent on her taxes? Do you live in the same residence as your mother?

[Theoyen]

Does your mother claim you as a dependent on her taxes? Do you live in the same residence as your mother?

She doesn't claim me and i don't live in the same residence but will utilize my income to meet the 125% poverty threshold. I will complete form I-864A.

[newacct]

She doesn't claim me and i don't live in the same residence but will utilize my income to meet the 125% poverty threshold. I will complete form I-864A.

So you do not qualify to be your mother's "household member" (you do not qualify to be counted in her household size in Part 5 of her I-864). So you should instead be a "joint sponsor", and you would fill out a second I-864, and your own household income would need to meet the 125% poverty level for your own household size.

[Theoyen]

what happens if my mom doesn't meet her household size poverty income my brother has 6 kids and his wife and so i counted 9 total if i fill out the I864 for my mom. She won't make the poverty line to sponsor my brother (she is a custodian) and would need to combine my income in to satisfy that right? I have 3 kids and my wife and so i have 5 on my household and i would have to count my brother and mom as well total 14?

So on my mom's I864 part 5 item 7 i should put zero right since i don't live with her even though i will combine my income with her to meet the 125% poverty thresdhold? So it's separate threshold or combine threshold for 14 or separate 9 for my mom's I864 and 5 for my own form I864?

So i have to fill out a separate I864 ? not I864a?

So to recap.

My mom fills out I864 does she need to fill out I864A too?
Do i need to fill out I864 and I864A or just I864
I am not part of her household since i don't live with her so why do i need to fill out I864A? the title says sponsor and household member (it's contradictory)

Thank you for your clarification.

[newacct]

what happens if my mom doesn't meet her household size poverty income my brother has 6 kids and his wife and so i counted 9 total if i fill out the I864 for my mom. She won't make the poverty line to sponsor my brother (she is a custodian) and would need to combine my income in to satisfy that right? I have 3 kids and my wife and so i have 5 on my household and i would have to count my brother and mom as well total 14?

So on my mom's I864 part 5 item 7 i should put zero right since i don't live with her even though i will combine my income with her to meet the 125% poverty thresdhold? So it's separate threshold or combine threshold for 14 or separate 9 for my mom's I864 and 5 for my own form I864?

So i have to fill out a separate I864 ? not I864a?

So to recap.

My mom fills out I864 does she need to fill out I864A too?
Do i need to fill out I864 and I864A or just I864
I am not part of her household since i don't live with her so why do i need to fill out I864A? the title says sponsor and household member (it's contradictory)

Thank you for your clarification.

Since your mom does not claim you as a tax dependent, and you do not live with her, you cannot be her "household member", and your income cannot be counted in her household income. You do not fill out I-864A. That's correct, your mom's I-864 Part 5 item 7 will be 0.

To be joint sponsor, you will fill out your own I-864, selecting Part 1 item 1d "I am the only joint sponsor". I'm assuming that the immigrant being sponsored is this brother who has a spouse and 6 kids? Then your household size will be 5 + 8 = 13. Your mom cannot be your household member (and thus her income will not be counted in your household income) unless she lives with you (she doesn't) or she is your tax dependent. Is your income sufficient for a household size of 13?

If your income is insufficient, there are ways to have two joint sponsors who will "split up" the beneficiaries among them, so that the first joint sponsor will sponsor the principal beneficiary and some derivative beneficiaries, and the second joint sponsor will sponsor the rest of the derivative beneficiaries.

[Theoyen]

So i fill out I864 as a joint sponsor and My mom too still fills out I864 and we both submit this to NVC right? I can't make the 13 household limit poverty $81,912 based on income for regular and not veteran living in Texas so i will have to use my asset savings and checking and it will reach that amount. Will this be ok or will NVC ask for more asset? My mother doesn't have to reach that limit right just me since i am also the joint sponsor?

also for I864 part 3, do i also check 1 box yes or just box 2? that question confused me. I am not the petitioner/sponsor for my brother, my mom was she filed the I-130. Also on my mom's I864 does she check box 1 yes and box 2?

Thank you so much for your guidance and help. I really do appreciate it alot.

[newacct]

So i fill out I864 as a joint sponsor and My mom too still fills out I864 and we both submit this to NVC right? I can't make the 13 household limit poverty $81,912 based on income for regular and not veteran living in Texas so i will have to use my asset savings and checking and it will reach that amount. Will this be ok or will NVC ask for more asset? My mother doesn't have to reach that limit right just me since i am also the joint sponsor?
also for I864 part 3, do i also check 1 box yes or just box 2? that question confused me. I am not the petitioner/sponsor for my brother, my mom was she filed the I-130. Also on my mom's I864 does she check box 1 yes and box 2?
Thank you so much for your guidance and help. I really do appreciate it alot.

Your mom would fill out I-864 as petitioner (Part 1 #1a), with 8 immigrants (Part 3 #1 yes, #2 checked, 7 family members). Assuming she is unmarried and she has no dependents, her household size would be 9. As I understand, her household income is not sufficient for that household size.

If you were to act as only joint sponsor, you would fill out I-864 as the only joint sponsor (Part 1 #1d), with 8 immigrants (Part 3 #1 yes, #2 checked, 7 family members). Along with you, your spouse, and 3 dependents, your household size would be 13. You said that you can't do this as your household income is insufficient for a household size of 13.

Maybe you can find someone else whose household income is sufficient for a household size of 8 + their household members, and then this person can be the joint sponsor.

If you can't, but you have someone whose household income is sufficient for a smaller household size, then another option, as I mentioned above, is to have two joint sponsors, who will split the immigrants between them. For example, say you want to split it in half (4 immigrants for the first joint sponsor and 4 immigrants for the second. Then you, the first joint sponsor, would fill out I-864 as the first of two joint sponsors (Part 1 #1e first and second checkmarks), with 4 immigrants (Part 3 #1 yes, #2 checked, 3 family members). Your household size would be 5 + 4 = 9. The second joint sponsor would fill out I-864 as the second of two joint sponsors (Part 1 #1e first and third checkmarks), with 4 immigrants (Part 3 #1 no, #2 checked, 4 family members). Their household size would be their original household size + 4.

I am not sure whether your mom can be both petitioner and second joint sponsor. That would entail her filing two I-864s, one as petitioner sponsoring 8 immigrants, and another one as second joint sponsor sponsoring 4 immigrants. That would be really weird and I doubt they would accept that.

[Theoyen]

Your mom would fill out I-864 as petitioner (Part 1 #1a), with 8 immigrants (Part 3 #1 yes, #2 checked, 7 family members). Assuming she is unmarried and she has no dependents, her household size would be 9. As I understand, her household income is not sufficient for that household size.

If you were to act as only joint sponsor, you would fill out I-864 as the only joint sponsor (Part 1 #1d), with 8 immigrants (Part 3 #1 yes, #2 checked, 7 family members). Along with you, your spouse, and 3 dependents, your household size would be 13. You said that you can't do this as your household income is insufficient for a household size of 13.

Maybe you can find someone else whose household income is sufficient for a household size of 8 + their household members, and then this person can be the joint sponsor.

If you can't, but you have someone whose household income is sufficient for a smaller household size, then another option, as I mentioned above, is to have two joint sponsors, who will split the immigrants between them. For example, say you want to split it in half (4 immigrants for the first joint sponsor and 4 immigrants for the second. Then you, the first joint sponsor, would fill out I-864 as the first of two joint sponsors (Part 1 #1e first and second checkmarks), with 4 immigrants (Part 3 #1 yes, #2 checked, 3 family members). Your household size would be 5 + 4 = 9. The second joint sponsor would fill out I-864 as the second of two joint sponsors (Part 1 #1e first and third checkmarks), with 4 immigrants (Part 3 #1 no, #2 checked, 4 family members). Their household size would be their original household size + 4.

I am not sure whether your mom can be both petitioner and second joint sponsor. That would entail her filing two I-864s, one as petitioner sponsoring 8 immigrants, and another one as second joint sponsor sponsoring 4 immigrants. That would be really weird and I doubt they would accept that.

Thank you, you are awesome. So if i can't make the $81,912 for household #13 based on income, then i can use my asset (savings 401k, combine with my checking account, and tax income to meet that right)? USCIS will allow to use assets to meet the household income ?

[newacct]

Thank you, you are awesome. So if i can't make the $81,912 for household #13 based on income, then i can use my asset (savings 401k, combine with my checking account, and tax income to meet that right)? USCIS will allow to use assets to meet the household income ?

Yes, $5 of assets counts for $1 of income.