I-864 / I-864A

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Old Apr 10th 2018, 2:38 pm
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Smile I-864 / I-864A

Just a quick question i hope someone can help me answer. My wife is currently filing out a I-864 for me to move with her and two children to the U.S.

My question is regarding the family income and the necessity of the I-864A from -

As my wife doesn't work, we are using my income (which will continue in the U.S) for the household income. It states that if you use the intended immigrants income he or she does not require to fill out an I-864A unless he or she has accompanying children/dependants.

I am not entirely sure how our children fall under accompanying immigrants with myself or fall within my wifes (sponsors) household size as they are U.S citizens.

Any help/advice would be greatly appreciated. I may just fill out the I-864A to have on hand at the interview, just wanted to know if anyone has had any experience with this.

Thanks in advance.
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Old Apr 10th 2018, 3:19 pm
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Default Re: I-864 / I-864A

Your income will be shown on your wife's I-864. No need for I-864A.

The kids are US citizens so they get counted in the overall household size, but they don't need I-864s completed. There is only one sponsored immigrant, and that's you.

Rene
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Old Apr 10th 2018, 3:44 pm
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Default Re: I-864 / I-864A

Originally Posted by Noorah101
Your income will be shown on your wife's I-864. No need for I-864A.

The kids are US citizens so they get counted in the overall household size, but they don't need I-864s completed. There is only one sponsored immigrant, and that's you.

Rene
I understand the kids do not require an I-864, it's if i am required to fill out a I-864A.

Its if they consider my children as dependents of myself (the intended immigrant) or as part of my wife's household (section 5 of the form) and are already included in the poverty guideline calculation.

I understand it's considered as one family unit but the guidelines are vague and could be interpreted in a variety of ways as i fall under the description of both spouse and also intended immigrant. There are separate guidelines for each one as stated below:

i)If you included the income of your spouse listed in PART 5 ITEM NUMBER 3 the must complete Form I-864A

II)if you include the income of the intending immigrant who is not your spouse PART 5 ITEM NUMBER 1 he or she does not need to complete Form I-864A, unless he or she has an accompanying spouse or children.

However when filling out PART 5 i fall into ITEM NUMBER 3 (number of sponsors being sponsored) and not ITEM NUMBER 3 (persons NOT sponsored in this affidavit if you are currently married)

Hence my confusion.

Apologies if i am not explaining it clearly in advance, been trying to wrap my own head around it today for a few hours.

Thanks
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