Why is I-864A required if you meet the 125% poverty level for your household size?

[Lambstat]

Hello I am a US citizen who is sponsoring his father (from west africa) for an immigrant visa. I filed a I-864 Support affidavit with household size of 4 (Me+Spouse+daughter+Immigrant i am sponsoring). My adjusted income for 2017 is $76,885 (HoH status with 1 daughter as dependant) ; 2016 is $68,200.

My father had his consular interview, however consulate is asking for a "I864A for spouse with her 2017 W2s". My spouse does not live with me in the USA, is not a resident and does not have an income. Neither does my father's wife. My wife as a matter of fact lives with my father. I am planning on applying for her visa in 2,3 yrs when she is ready to immigrate. on the Sponsor Household Size i did enter 1 because it asks if married to enter 1, even though wife does not reside with me.

My wife was also not listed on my 2017 return. So i do not understand what they are asking.

I fully plan on supporting my father. I thought the $76,885 was well enough and above the poverty level for the household size. I do not have someone else to help as co-sponsor or filling a I864A.

I did not include my saving and checking which totals $62,000K on the initial I864 form since i thought my income was enough . Should i refile a new I864 and include the saving and checking, provide them with bank statements and a letter of employment showing salary of $80K/year and have him bring it to the consular? ? What are my options?

[newacct]

Hello I am a US citizen who is sponsoring his father (from west africa) for an immigrant visa. I filed a I-864 Support affidavit with household size of 4 (Me+Spouse+daughter+Immigrant i am sponsoring). My adjusted income for 2017 is $76,885 (HoH status with 1 daughter as dependant) ; 2016 is $68,200.

My father had his consular interview, however consulate is asking for a "I864A for spouse with her 2017 W2s". My spouse does not live with me in the USA, is not a resident and does not have an income. Neither does my father's wife. My wife as a matter of fact lives with my father. I am planning on applying for her visa in 2,3 yrs when she is ready to immigrate. on the Sponsor Household Size i did enter 1 because it asks if married to enter 1, even though wife does not reside with me.

My wife was also not listed on my 2017 return. So i do not understand what they are asking.

I fully plan on supporting my father. I thought the $76,885 was well enough and above the poverty level for the household size. I do not have someone else to help as co-sponsor or filling a I864A.

I did not include my saving and checking which totals $62,000K on the initial I864 form since i thought my income was enough . Should i refile a new I864 and include the saving and checking, provide them with bank statements and a letter of employment showing salary of $80K/year and have him bring it to the consular? ? What are my options?

When you say your wife was "not listed" on your tax return, do you mean you filed as Married Filing Separately? Or filed as Single? As a married person you are not allowed to file as Single.

As for filing the I-864A, some consulates insist that spouses file it even if the form doesn't require it.

[Lambstat]

My current wife does not have a social security and has never been to the USA and is still oversea. So i can't joint file with a her , a non resident.

I was however married and in divorce proceeding when i sent out the NVC package along with the tax return of that year which had my then wife. It's have been 2 years now but the 2015 tax return was joined married with ex. The divorce decree has been out since.

I can't get the ex listed on that 2015 to file a i864A.

[newacct]

My current wife does not have a social security and has never been to the USA and is still oversea. So i can't joint file with a her , a non resident.

Yes you can. She doesn't have to have an SSN or have ever been to the US. You can use Nonresident Spouse Treated as Resident to make both of you resident for the whole year and file jointly. She can get an ITIN together with filing the tax return. But you chose to file as Head of Household, which is fine.

I was however married and in divorce proceeding when i sent out the NVC package along with the tax return of that year which had my then wife. It's have been 2 years now but the 2015 tax return was joined married with ex. The divorce decree has been out since.

I can't get the ex listed on that 2015 to file a i864A.

I don't see what your ex has to do with it. According to what you said, they are asking for your current spouse to file I-864A.

[Lambstat]

Yes you can. She doesn't have to have an SSN or have ever been to the US. You can use Nonresident Spouse Treated as Resident to make both of you resident for the whole year and file jointly. She can get an ITIN together with filing the tax return. But you chose to file as Head of Household, which is fine.


I don't see what your ex has to do with it. According to what you said, they are asking for your current spouse to file I-864A.

ok, thank you. that's what i thought. I was puzzled since the current has no income. I support them. so it will be $0 on income field