I-864

[lukefromireland]

Hi,

My wife's father-in-law is co-sponsoring me because my wife is a student and makes no money. He has filled out his I-864.

Now my wife is filling out her I-864.

Part 1, q 1. is the answer "1.a I am the petitioner. I filed or am filing for the immigration of my relative" right?

Leave the rest of part 1 blank?

Part 3, q 1. Yes I am sponsoring the principal immigrant in named in part 2?
Or
No (applicable only if you are sponsoring family members in part 3 as the second co-sponsor?

(what does second co-sponsor mean??)

Part 3, q3a to q27 I assume leave blank?

part 3, q 28. Enter total number of immigrants that you are sponsoring on this affidavit from item 1a to 27. Is it 1? (might seem like a silly question but since her Dad is the one with money is my wife still a sponsor?)

part 5 Sponsor's Household Size (My wife and I rent a flat)

Persons not sponsored on this affidavit:

q2 yourself. Answer is '1'?

q3 "if you are currently married enter '1' for spouse." answer is N/A?

Part 6. Sponsors Employment and income

I am currently:
1a employed as/an - (do i write N/A or student?)

Part 6. q 2 current annual income (do i write 0 or N/A)

Income you are using from any other person who was counted in your household size: (well we don't live with my wife's parents, do I leave q3-q16 blank?)

Federal Income tax returns information

q18a have you filed a federal income tax return for each of the three most recent tax years? (she's been in education so no?)

q 20 I was not required to file a federal income tax return because my income was below... etc (tick this I presume?)

Where on this from does she explain that her father is the co-sponsor?

My brain has had an overload of forms at this point!


Thank you all, you're being an amazing help with all my threads

[newacct]

Hi,

My wife's father-in-law is co-sponsoring me because my wife is a student and makes no money. He has filled out his I-864.

Now my wife is filling out her I-864.

Part 1, q 1. is the answer "1.a I am the petitioner. I filed or am filing for the immigration of my relative" right?

Leave the rest of part 1 blank?

Right. There is nothing else to answer in Part 1.

Part 3, q 1. Yes I am sponsoring the principal immigrant in named in part 2?
Or
No (applicable only if you are sponsoring family members in part 3 as the second co-sponsor?

(what does second co-sponsor mean??)

Yes. The petitioner must sponsor all immigrants. In this case, there is only one joint sponsor, and the joint sponsor must also sponsor all immigrants. Only in a case where there is more than one immigrant (principal beneficiary and derivative beneficiaries), can there be two joint sponsors, in which case one joint sponsor sponsors a portion of the immigrants and the other joint sponsor sponsors the other immigrants. Each immigrant can only have one joint sponsor. In this case there are no derivative beneficiaries (there can't be derivative beneficiaries in this category).

Part 3, q3a to q27 I assume leave blank?

correct

part 3, q 28. Enter total number of immigrants that you are sponsoring on this affidavit from item 1a to 27. Is it 1? (might seem like a silly question but since her Dad is the one with money is my wife still a sponsor?)

correct

part 5 Sponsor's Household Size (My wife and I rent a flat)

Persons not sponsored on this affidavit:

q2 yourself. Answer is '1'?

q3 "if you are currently married enter '1' for spouse." answer is N/A?

Put 0 or blank for #3 since she has already been counted. If she has no dependents, the total should be 2 on her I-864 (and 3 on her father's I-864).

Part 6. Sponsors Employment and income

I am currently:
1a employed as/an - (do i write N/A or student?)

If she is not employed she check "unemployed".

Part 6. q 2 current annual income (do i write 0 or N/A)

0 if she has no income.

Income you are using from any other person who was counted in your household size: (well we don't live with my wife's parents, do I leave q3-q16 blank?)

Well she can add your income, if that will make her household income sufficient. But if that were the case you wouldn't need a joint sponsor. Since you are using a joint sponsor anyway, there is no point to count any of her household member's income. The joint sponsor is a completely different household and is not relevant here.

Federal Income tax returns information

q18a have you filed a federal income tax return for each of the three most recent tax years? (she's been in education so no?)

q 20 I was not required to file a federal income tax return because my income was below... etc (tick this I presume?)

Well, did she file a return for those 3 years? Just because she wasn't required to file doesn't mean she didn't file.

The only way she would not be required to file for a given year is if her income that year was below the threshold for needing to file. This threshold can be found in the relevant year's Form 1040 instructions in a section near the beginning called "Do You Have To File?". If her income was below the threshold and she didn't file for some or all of those 3 years, she would check No for 18a, put N/A for those years she didn't file in 19, check the box in 20, and attach a statement stating she was not required to file for the relevant year(s) and stating her income for those years.

Where on this from does she explain that her father is the co-sponsor?

Nowhere. The fact that her household income on her I-864 is below the required level and that her father filed his own I-864 means he is the joint sponsor.

[lukefromireland]

Right. There is nothing else to answer in Part 1.


Yes. The petitioner must sponsor all immigrants. In this case, there is only one joint sponsor, and the joint sponsor must also sponsor all immigrants. Only in a case where there is more than one immigrant (principal beneficiary and derivative beneficiaries), can there be two joint sponsors, in which case one joint sponsor sponsors a portion of the immigrants and the other joint sponsor sponsors the other immigrants. Each immigrant can only have one joint sponsor. In this case there are no derivative beneficiaries (there can't be derivative beneficiaries in this category).


correct


correct


Put 0 or blank for #3 since she has already been counted. If she has no dependents, the total should be 2 on her I-864 (and 3 on her father's I-864).


If she is not employed she check "unemployed".


0 if she has no income.


Well she can add your income, if that will make her household income sufficient. But if that were the case you wouldn't need a joint sponsor. Since you are using a joint sponsor anyway, there is no point to count any of her household member's income. The joint sponsor is a completely different household and is not relevant here.


Well, did she file a return for those 3 years? Just because she wasn't required to file doesn't mean she didn't file.

The only way she would not be required to file for a given year is if her income that year was below the threshold for needing to file. This threshold can be found in the relevant year's Form 1040 instructions in a section near the beginning called "Do You Have To File?". If her income was below the threshold and she didn't file for some or all of those 3 years, she would check No for 18a, put N/A for those years she didn't file in 19, check the box in 20, and attach a statement stating she was not required to file for the relevant year(s) and stating her income for those years.


Nowhere. The fact that her household income on her I-864 is below the required level and that her father filed his own I-864 means he is the joint sponsor.

You are a legend, thank you very much!

[Bannu]

I 864 , old job not qualified ,new job just started

My dear forum members,im sponsoring my husband for gc. We both are students. Last year I made only 8000 ,as I worked only part-time. This year I will make around 25000 ,but as I don't have w2 of 2018 yet, how should I proceed. Please suggest me, I'm in a dilemma

[newacct]

My dear forum members,im sponsoring my husband for gc. We both are students. Last year I made only 8000 ,as I worked only part-time. This year I will make around 25000 ,but as I don't have w2 of 2018 yet, how should I proceed. Please suggest me, I'm in a dilemma

What matters is your current income (the salary of your current job), not what you made in any particular year. Since the salary of your current job is enough, that is enough. You need to attach as many pay stubs as you can, and preferably and employer letter if possible, to prove your current income.

[Bannu]

Thank u for yaking time to help me, i will not forget ur help

Thank u for taking time to help me, ur help will not be forgotten

What matters is your current income (the salary of your current job), not what you made in any particular year. Since the salary of your current job is enough, that is enough. You need to attach as many pay stubs as you can, and preferably and employer letter if possible, to prove your current income.