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Filling out I-864/I-864A

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  • Filling out I-864/I-864A

    My husband and I just got married (I am the US Citizen, he is German) and we have filed for DCF in Frankfurt, Germany. I am just out of college and cannot meet the poverty requirement to sufficiently sponsor him, so my parents are the joint sponsors for us. My question is: an immigration lawyer told us that only I have to fill out the I-864 because I am the 'petitioner' and my parents only have to fill out the I-864A because they are 'joint sponsors.' However, the woman at the consulate said we both have to fill out both forms. What is the deal? I have to say, that I am very disappointed in the way US Citizens are treated at US Embassies. I thought they were there to help us, but I have had nothing but conflicting, confusing information given to me. Thanks in advance to anyone who can help. (I did already do a search for I-864 questions to see if there were any answers I could use from previous posts, but I didn't find any....I did however have some luck on about.com, but wanted another opinion before I call the Embassy this afternoon).

  • #2
    My husband and I just got married (I am the US Citizen, he is German) and we have filed for DCF in Frankfurt, Germany. I am just out of college and cannot meet the poverty requirement to sufficiently sponsor him, so my parents are the joint sponsors for us. My question is: an immigration lawyer told us that only I have to fill out the I-864 because I am the 'petitioner' and my parents only have to fill out the I-864A because they are 'joint sponsors.' However, the woman at the consulate said we both have to fill out both forms. What is the deal? I have to say, that I am very disappointed in the way US Citizens are treated at US Embassies. I thought they were there to help us, but I have had nothing but conflicting, confusing information given to me. Thanks in advance to anyone who can help. (I did already do a search for I-864 questions to see if there were any answers I could use from previous posts, but I didn't find any....I did however have some luck on about.com, but wanted another opinion before I call the Embassy this afternoon).

    Comment


    • #3
      I might be wrong, but by just reading the Title of those 2 forms, I would say that :

      -if you and your parents live in the same household, then you and your husband should file I-864 (putting both your income and your parents income together) and your parents should also file I-864A (thats the contract between the sponsor (you) and the household members (your parents));

      -if you dont live in the same household, both household should file I-864, one I-864 per household.

      I think thats how it goes.

      Comment


      • #4
        Thanks cassandra1955! I guess that is what is so confusing....the definitions of the terms they use. I do not live with my parents. They are in the US and we are in Germany. However, when we first go back to the States, we will be living with them. So....I am the 'petitioner' or 'sponsor' for my husband. We have lived together for the last year, so I consider him to be my 'household member' and my 'sponsored immigrant.' Which, according to the form, makes my husband my 'household member/sponsored immigrant.' OK. Then, when my parents fill out the form I-864A, Part One asks for 'Information on Sponsor's Household Member or Sponsored Immigrant/Household Member.' Now...who is that? If my parents are filling it out, is the 'Sponsor's Household Member' me (even though I don't live with my parents) or is it my husband, since he is the 'Sponsored Immigrant' (although he does not live with them, so he is not their 'household member' but mine). I am soooo confused. But, thanks again cassandra1955 for your help. If you know anything else about these forms, that would be great!....especially the definitions!

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        • #5
          Since you dont live with your parents, you need 2 forms I-864, one for you and husband PLUS one for your parents thats all.

          Even though I am pretty sure to be right, You might try to wait for more answer on this, but if no one replies, if I was you I would do that and anyway if I am wrong, the BCIS will request more informations and tell you what you need to send them.

          The only thing is that, a mistake will delay the process.

          I will look thru the old posts, I think I already saw the answer to this somewhere, unless they deleted it already...

          If I find more infos, I will let you know ok?

          Comment


          • #6
            Wait before doing anything...I read more about it, and now I got all mixed up too...
            Hopefully someone else will say something.

            I am pretty sure that I saw something about all this somewhere but I need to find it before I come back ok?

            Comment


            • #7
              Hi after searching to the old posts, here is what I found:

              If your parents claim you as her dependant on their Income Tax Return, then you will fill out the I-864 and your parents will fill out the I-864A.

              Now, if you are not claimed on their Tax Return then both of you and your parents will fill out the I-864.

              Thats exactly what I was told you the first time.

              Comment


              • #8
                Now you have to see if your parents will file taxes with you on it, and do you qualify to be filing together with them?

                Since you are not a student, I dont know if they can still put you on their tax return...
                It also depend how old you are I guess.

                Comment


                • #9
                  I guess that the one that counts, is the last tax return..YEAR 2002, filed this YEAR 2003, did you file taxes alone or did your parents claim you as a dependent?

                  If dependent...I-864 with your parents income plus your income (part time job as a student or something) if any AND I-864A;

                  If you were not a dependent in 2002, then I-864 with your income AND I-864 with your parents income.

                  Comment


                  • #10
                    Cassandra1955, thank you sooooo much for taking the time to research all of that for me! It was very nice of you. Here is how my situation panned out:

                    My parents do not claim me as a dependent, and I did not claim my husband as a dependent on my tax returns (we weren't married at that time, so I filed a single tax return)...

                    I called the Embassy again, and after further questioning, found out that:
                    1) Both my parents and I have to fill out the I-864 (like you said)
                    2) Only my dad's income is being used to sponsor my husband, so even though he and my mom file a joint tax return, he did not have to fill out the I-864A.

                    The I-864A only has to be filled out if:
                    1) The joint sponsor needs additional income (like if my dad would us that of my mom's) to reach the poverty line set by the US government., or
                    2) If I would use my husband's income along with mine to make our joint income above the poverty line (then I would still fill out the I-864, and he would fill out the I-864A)

                    I hope this information helps anyone else that was confused with the filling out of these forms.

                    Thanks again cassandra1955!

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