charlieumtali

Good afternoon everyone,

I hope I'm not alone in finding the I-864 form rather difficult to get my head around, and I'd very much appreciate any advice as to how I should proceed.

My London interview is in a couple of weeks, and I've been reviewing the forms to make sure everything is ok, but could someone sanity check for me please?

Situation: I (UKC) am at the final stage of a CR-1 visa, my wife (USC) has been living here in England with me since 2009, and we've been married since last summer. It is our intention to move over as soon as possible, staying with my wife's parent's in the US until we find a place of our own.

In order to meet the poverty guidelines, my Father-in-Law has submitted copies of his passport, tax returns, proof of employment, and a completed I-864 form.

I would appreciate some guidance on the following questions:

A) Does my FIL also need to supply a I-864A form, as we will be living with them for a while?
B) With my wife as 'The Petitioner', is my FIL 'The only joint sponsor?'
C) Would the household size then used on the Sponsor's household size section be 4? (Myself, my wife, my FIL and MIL).
D) Are the household details to be the same for both my wife and my FIL's I-864 forms?
E) Can these forms be tipped-ex / corrected out in cases where multiple boxes have accidentally been ticked, or are entirely new forms required?

That's all that comes to mind at the moment, but I'm sure something else will pop to mind!

charlieumtali

I think my main point of confusion is that I keep thinking ahead to what the situation will be, rather than what it is at time of filing.

e.g. My wife's form: household details will just be 2, as it's just me and her in our household right now. Similarly, her income will be $0 (as she hasn't worked there in years), and tax returns of $0 (as shown in the filings).

Similarly, right now my father-in-law's details would be 3 (him, MIL, and me) as it's currently only my FIL and MIL in that household.

Or have I gone and completely wrapped myself up in nonsense?

ian-mstm

No, not if his income alone meets the 125% guideline.


Yes, if his income alone meets the 125% guideline. If your MIL also has income but that isn't being used and they file taxes jointly, only his income is reflected in the I-864. Her income should be subtracted out before the form is completed.


Yes. And with regards to your next post, it helps to keep in mind that unlike other forms, the I-864 - regardless of when it's completed - doesn't come into effect until the day the non-USC spouse enters the US. So the details should reflect what happens when it comes into effect, rather than when it's filled out.


No. You are part of your wife's household. She and you are both part of your FIL's household.


My gut feeling is to go with new forms with no mistakes... although, to be fair, I've not heard of any bad experiences when people make corrections.

Ian

JSL8610

Just a thought. If you are moving in with the in-laws at first, I wonder if the CO might prefer to treat them as Household Members rather than Joint Sponsors.

charlieumtali

Ian,

Thank you so much for your responses, it's a great relief that I'm not a million miles away from getting to the bottom of these forms.

My FIL does exceed the 125% guideline on his own.

May I trouble you for some further clarification, particularly around your point:

Does this mean that for my wife's I-864 form:

a) The 'Mailing Address' / contact details / country of domicile should be my inlaws address (as it would be when we enter the US)?

b) Household totalling 2 would be 1 (persons sponsored in affadavit / me) and 1 'Yourself'?

c) individual employment / income will be unemployed / $0?

d) household income would be $0?


I'm now more confused following the below:

Does this mean that instead I would be better having my wife complete a sole I-864 form, and have my FIL complete an I-864A instead?

JSL8610

I don't know, and I don't mean to confuse the issue. I haven't been through the interview myself yet, but I'm in the same position as you moving in with the in-laws at first. I've seen split opinions on which way the CO might see it so I've done it both ways to be safe - 1 complete set of paperwork treating the MIL as a Joint Sponsor, another complete set treating her as a Household Member.

jeffreyhy

No.

The household size on your wife's I-864 will be 2 (unless she is using her father as a household member, but you write that she will be using him as a joint sponsor).

The household size on your father-in-law's I-864 will be 3.

PLEASE, read Part 5 Item 21, and its instructions, line by line a through g. That will make it very clear what the household size is. Do not start with an assumed size and then get bogged down trying to fit people into an inappropriate line to match the assumed (and often incorrect) total.

Regards, JEff

jeffreyhy

Ian,

His wife is not a part of her father's household, not unless she is her father's dependent. Having lived in the UK since 2009 that's highly unlikely.

Or, unless she will be contributing her income to his I-864, which she won't be because she is the sponsor and is filling out her own I-864.

Regards, JEff

charlieumtali

Thank you all for the help everyone, I think I've managed to get the right numbers in.

My FIL sent back the forms to me, but unfortunately he didn't sign and date the bottom.

Would he be ok to fax a copy over, or does it need to be a 'wet' signature?

I ask as my MIL is just about to spend another $50 on having it expedited over, just wanted to make sure it was absolutely essential.

charlieumtali

Never mind, found it on the Embassy website!

http://london.usembassy.gov/faq_i864_filing.html

Noorah101

Signature must be original (wet).

Rene