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-   -   Confused - do we need an i864a? (https://britishexpats.com/forum/marriage-based-visas-35/confused-do-we-need-i864a-697500/)

USAalltheway Dec 19th 2010 3:19 am

Confused - do we need an i864a?
 
Hi everyone

Just trying to get our i864 all tied up whilst we wait for my husband's (UKC) DCF interview date to come through from London, and very confused about the i864a and whether we need to do one. Any insight would be most helpful!

We are both living in the UK at the moment and hope to move back to the States together. Neither of our incomes will continue when we go there, but we are putting our current incomes in the i864 just to demonstrate we are employable.

However, can't seem to determine if my husband needs to complete an i864A.

We are applying based on assets and don't need a joint sponsor as we meet the requirements. My educated guess is we would only need the i864 if a) our incomes were to continue in the US or b) if we had a joint sponsor? But not positive!!

Many thanks in advance.

ian-mstm Dec 19th 2010 5:25 am

Re: Confused - do we need an i864a?
 

Originally Posted by USAalltheway (Post 9049456)
Neither of our incomes will continue when we go there, but we are putting our current incomes in the i864 just to demonstrate we are employable.

The US government has no interest in whether or not your husband is employable. Don't enter your current income unless it's going to continue once you're in the US. If you are applying based on assets, you must complete an I-864. Your husband's share of the assets will show up on your I-864. He doesn't complete an I-864 or an I-864A.

Ian

Noorah101 Dec 19th 2010 6:44 am

Re: Confused - do we need an i864a?
 

Originally Posted by ian-mstm (Post 9049619)
The US government has no interest in whether or not your husband is employable. Don't enter your current income unless it's going to continue once you're in the US.

I disagree with Ian on this point. I recommend listing your current income, even though it won't continue in the USA. The I-864 asks for current income, and you do have current income, so list it.


If you are applying based on assets, you must complete an I-864. Your husband's share of the assets will show up on your I-864. He doesn't complete an I-864 or an I-864A.
I agree that an I-864a is not necessary when using assets, as assets are considered "joint" if you're married. On your I-864, you can list all the assets as your own.

Rene

USAalltheway Dec 19th 2010 6:48 am

Re: Confused - do we need an i864a?
 
Thank you both for your replies. I'm inclined to go with Rene's suggestion about listing current income - although I know it won't count as it won't continue when we go to the US.

Surely it will paint us in a more positive light than indicating we have no current income at all? From what I have read on other posts in the forum, a lot of people have taken this approach.

BrittanyB Dec 23rd 2010 1:23 am

Re: Confused - do we need an i864a?
 
Quick question about the I864...
I am filing for a visa for my UK husband DCF. I have no income currently, and will be using my father to co-sponser my husband. However, my dad files taxes jointly with my mother. Do I need to add her on as a separate co-sponsor, or just leave her out of it all together?

Noorah101 Dec 23rd 2010 2:53 am

Re: Confused - do we need an i864a?
 

Originally Posted by BrittanyB (Post 9057476)
Quick question about the I864...
I am filing for a visa for my UK husband DCF. I have no income currently, and will be using my father to co-sponser my husband. However, my dad files taxes jointly with my mother. Do I need to add her on as a separate co-sponsor, or just leave her out of it all together?

If your mother's income is not being used to meet the required income level, she does not have to do an I-864A.

Rene

jeffreyhy Dec 23rd 2010 12:31 pm

Re: Confused - do we need an i864a?
 
In the second paragraph of the portion of your post that I've quoted here, do you mean I-864A?

I-864A is not for a joint sponsor, it's for using the income of a household member who is not the sponsored immigrant spouse of the petitioner. In this case, the household member (your husband) is the sponsored immigrant spouse of the petitioner (you), and you are not using his assets, not his income. I-864A is not required when using the assets of the intending immigrant.

Regards, JEff



Originally Posted by USAalltheway (Post 9049456)
However, can't seem to determine if my husband needs to complete an i864A.

We are applying based on assets and don't need a joint sponsor as we meet the requirements. My educated guess is we would only need the i864 if a) our incomes were to continue in the US or b) if we had a joint sponsor? But not positive!!


jeffreyhy Dec 23rd 2010 12:44 pm

Re: Confused - do we need an i864a?
 
I disagree in part.

No I-864A is required not because the petitioner can claim all of jointly-owned assets as her own - I don't think she can - but because I-864A is not required when using the assets of the intending immigrant.

Regards, JEff


Originally Posted by Noorah101 (Post 9049725)
I agree that an I-864a is not necessary when using assets, as assets are considered "joint" if you're married. On your I-864, you can list all the assets as your own.



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