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Results 1 to 9 of 9

Thread: Form I-864 Instructions Discrepancies?

  1. #1

    Form I-864 Instructions Discrepancies?

    Hello to all in the forum.

    I am working on compiling all Green Card related documents and forms. I am a US Citizen and working on a green card for my wife.

    I am not a lawyer nor am I seeking legal advice, but I seem to have found some apparent discrepancies in the Form I-864 Instructions (as downloaded from the USCIS website). Calling the USCIS in the hopes of getting some help, I was told to make an appointment with the local field office which will only be available in 2 weeks.

    I'll outline the points which seem like issues/contradictions and would appreciate some feedback. I quoted for ease of reference a lot of text from the instructions, that's why it may appear to be a critically lengthy post...

    SCENARIO: I am the sponsor (as identified Part 1); My wife is the principal and only Immigrant (as identified Part 2). I am in the process of opening up a business and am currently unemployed, and have been for more than 1 year. However, my wife has a regular stream of legit income from her country (property rental).


    1. Part 3 (Information on the Immigrant you are sponsoring).
      Section 1 asks "I am sponsoring the principal immigrant named in Part 2 with the following check boxes & text:
      Yes
      No (Applicable only in cases with two joint sponsors)

      While it seems straightforward that I should check "YES", the instructions for this step (page 3 of the instructions Pdf) state "...Indicate whether you are sponsoring the principal immigrant listed in Part 2 in this Form I-864. This only applies to cases with two joint sponsors. Check "No" if you are sponsoring only intended immigrants listed in Part 3, item numbers 2.a. - 6.g. and not the principal immigrant listed in Part 2..."

      Can you see the discrepancy? It would seem like these check boxes apply to cases which have two joint sponsors. According to my scenario, do you think answering 'yes' is correct and truthful then?
    2. Part 5 (Sponsor's household Size)
      The form asks not to count anyone twice.
      Persons you are sponsoring in this affidavit > Section 1 - Enter the number you entered on line 7 of Part 3. In my case the answer is "1" - i.e. just my wife.
      The form continues:
      Persons NOT sponsored in this affidavit:
      Section 2 - Yourself (my answer: 1)
      Section 3 - If you are currently married, enter "1" for your spouse (Logically, it would seem I cannot enter my wife here as well, although she is the person I am sponsoring and was therefore added to Part 5, section 1.)
      Section 7 - OPTIONAL "if you have siblings, parents or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here (Logically, I would leave this blank as well)
      Section 8 - Add together lines 1- 7 and enter the number here. Household Size: My answer is 2 (my wife and I).

      -> Does this seem correct according to my scenario? The answer directly impacts the observations for the point below.
    3. Part 6: (Sponsor's Income and Employment)
      Section 4 "Unemployed Since" Here I added the date of my unemployment.
      Sections 6 - 9 come under the heading "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. Please indicate name, relationship and income.

      Person 1 (Section 6 a, b, c) Has my wife's name and income amount.

      The instructions PDF however, state the following (Page 6, top of page):

      "...To determine the filing requirements for your relatives included in Part 6, Item Number 7 - 10 follow these instructions:
      a) If you included the income of your spouse listed in Part 5, Item Number 3 or any child listed in Part 5, Item Number 4 or any dependent listed in Part 5, Item Number 5 or any other relative listed in Part 5 Item Number 6, each one of these individuals must be over 18 years of age and must complete Form I-864A

      b) If you included the income of the intending immigrant who is your spouse (he or she would be counted on Item Number 7 of Part 5), evidence that his/her income will continue from the current source after obtaining lawful permanent resident status must be provided. He/she does not need to complete Form I-864A unless he/she has accompanying children...
      "

      Conundrum for instruction point "a": If I left Part 5, Item Number 3 empty (0) because I already added a "1" in Part 5, Item Number 1 I can't apply this specific instruction to my case.
      Conundrum for instruction point "b": In this other scenario, the instructions imply (in my opinion) that if the intending immigrant is my spouse, I should have counted her in Item Number 7 of Part 5. But wait, item 7 of part 5 on the form is: "OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here" Additionally, on Page 5 of the instructions form relating specifically to Item Number 7/Point 5 it states "...This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these family members in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this form. To be considered, any relative indicated in this category must sign and submit form I-864A..."

      Hope these 3 points and how they appear to be discrepancies make any sense! Any feedback is welcome and thanks for your time if you've read until here!

  2. #2

    Agree

    Hello

    I am so glad somebody found the same problem.
    I agree with you and was wondering about the exact same problem. Is there any answer to this?

  3. #3
    1) part 3
    In a scenario like yours you are the petitioner of only the person in part 2 (your wife). Part 3 only asks you to list additional family members immigrating with the principal immigrant (like a mother and child). "no" is an option if there were 2 immigrants applying for green cards and you are only sponsoring 1 of them. some people need more than just themselves to show income and that is the first joint sponsor. Then, if a 3 person needs to show income as well that is the second joint sponsor. Sponsors don't necessarily have to sponsor the entire family, could just be certain people.
    I believe you should select "YES" and be sure that part 1 should be checked 1.a

    2) your total # is 2.

    3) a) would only apply if you are married and are sponsoring someone other than your wife. In that case you would be using your spouse( who lives with you) as total income and your household size would total 3.
    B) I myself am not completely sure so I do not want to answer without confidence but I do see how b contradicts not counting anyone twice in part 5

  4. #4
    Quote Originally Posted by shreyas88 View Post
    Hello

    I am so glad somebody found the same problem.
    I agree with you and was wondering about the exact same problem. Is there any answer to this?



    hi shreyas88 , did you find the answer to this problem?

  5. #5
    Respected Sir / Madam
    I arrived in New York on 01 June 2013; got PRC & SSN, applied for Wife immigration Form I-130, but due to my mother sickness, I have to return back on 18-July-2013 (48 days stay). Again I came to New York on 01 July 2014 but due to threat to my family from relatives living in neighbor, I have to rush back on 07-July-2014 (only 7 days stay). Therefore, I could not do any job in USA. Hence I did not file any Tax Return.
    Now, I have sent Immigrant Visa Applications DS-230 for my wife & 4 children to NVC, and received NVC reply as follows.
    ASGHAR, RAJA MUNIR Form I-864, Affidavit of Support, & Financial Evidence
    Checklist)

    [x] Item 13.a. You must include your 2013 tax and income information.

    I have foreign earned income from my job in Pakistan. I want your advice that is there I need to file tax return, or should I file Zero tax return or show my Foreign earned Income in tax return. I have already submitted a joint affidavit of my friend.
    I need your help in this regard.

  6. #6

    immigration

    Respected Sir / Madam
    I arrived in New York on 01 June 2013; got PRC & SSN, applied for Wife immigration Form I-130, but due to my mother sickness, I have to return back on 18-July-2013 (48 days stay). Again I came to New York on 01 July 2014 but due to threat to my family from relatives living in neighbor, I have to rush back on 07-July-2014 (only 7 days stay). Therefore, I could not do any job in USA. Hence I did not file any Tax Return.
    Now, I have sent Immigrant Visa Applications DS-230 for my wife & 4 children to NVC, and received NVC reply as follows.
    ASGHAR, RAJA Form I-864, Affidavit of Support, & Financial Evidence
    Checklist)

    [x] Item 13.a. You must include your 2013 tax and income information.

    I have foreign earned income from my job in Pakistan. I want your advice that is there I need to file tax return, or should I file Zero tax return or show my Foreign earned Income in tax return. I have already submitted a joint affidavit of my friend.
    I need your help in this regard.
    raja_munir@hotmail.com

  7. #7
    I have a similar question. My husband is sponsoring me, and I also have a job here in the US, but my question is if I use my income along with my husbands income, I understand that I have to provide an evidence stating that my income will continue from my job after I ger a green card, but what if I plan to change my job, can I do that or not. My thing is if I am getting a better opportunity, I would definitely want to take it instead of working at the same job, so can I do that or not. If someone has an answer for that I would really appreciate it.
    Thanks

  8. #8
    Quote Originally Posted by Nancy11 View Post
    I have a similar question. My husband is sponsoring me, and I also have a job here in the US, but my question is if I use my income along with my husbands income, I understand that I have to provide an evidence stating that my income will continue from my job after I ger a green card, but what if I plan to change my job, can I do that or not. My thing is if I am getting a better opportunity, I would definitely want to take it instead of working at the same job, so can I do that or not. If someone has an answer for that I would really appreciate it.
    Thanks
    If you are working in the US, the presumption is that it can continue after you become a permanent resident. It's mainly for people working abroad, where there is doubt that the income will continue.

  9. #9
    some people need more than just themselves to show income and that is the first joint sponsor. Then, if a 3 person needs to show income as well that is the second joint sponsor.

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