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I-864 Q:8, 9 & 10 and other questions

universal123
03-23-09, 11:46 AM
Hi all,

Thank you for your support & input in advance.

my US citizen spouse had petitioned I-130 for her parents(mom and dad both needed separate I-130). Now both petitions are approved and AOS fee has been paid and now we are to submit the I-864/I-864A and other documents.


here is the info/scenarios:

-she does not meet the poverty guidelines
-we file joint tax returns
-I will be the joint sponsor(my income alone meets the poverty line)

I am sure my wife needs to fill out I-864(one for each parent) since she is the petitioner.

Question 1: Do I have to fill out separate I-864 & I-864A(one for each parent)?


In questions 8 & 9 & 10 of I-864 below(for my wife):
- - -

Part 3. Information on the immigrant(s) you are sponsoring.

8. I am sponsoring the principal immigrant named in Part 2 above.

Yes No (Applicable only in cases with two joint sponsors)

9. I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition.

(a through e)

10. Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9.

- - -

Question 2: what does she check in 8?

Question 3: do we list her father/mother in ques 9? since there are 2 case numbers(one for father and one for mother)?


- it's confusing because both parents will be travelling together but then it says "Do not include any relative listed on a separate visa petition."

Question 4: do we enter "01" or "02" in ques 10?
-Explanation: from my understanding, my wife is the main sponsor, and i am the helper. so I am not sure if i have to fill out another I-864 and I-864A for each parent.

Please try to answer the questions and ask me questions if you need better clarifications.

Thank you.

Raven
03-23-09, 12:01 PM
Hi all,

Thank you for your support & input in advance.

my US citizen spouse had petitioned I-130 for her parents(mom and dad both needed separate I-130). Now both petitions are approved and AOS fee has been paid and now we are to submit the I-864/I-864A and other documents.


here is the info/scenarios:

-she does not meet the poverty guidelines
-we file joint tax returns
-I will be the joint sponsor(my income alone meets the poverty line)



Why are you trying to make things complicated? You should be a Household Member, not a Joint Sponsor.

Your wife prepares I-864s including your financial resources, you and she jointly prepare I-864As (one for each I-864) allowing her to include your financial resources on her I-864s.

universal123
03-23-09, 01:03 PM
Hi all,

Thank you for your support & input in advance.

my US citizen spouse had petitioned I-130 for her parents(mom and dad both needed separate I-130). Now both petitions are approved and AOS fee has been paid and now we are to submit the I-864/I-864A and other documents.


here is the info/scenarios:

-she does not meet the poverty guidelines
-we file joint tax returns
-I will be the joint sponsor(my income alone meets the poverty line)



Why are you trying to make things complicated? You should be a Household Member, not a Joint Sponsor.

Your wife prepares I-864s including your financial resources, you and she jointly prepare I-864As (one for each I-864) allowing her to include your financial resources on her I-864s.

well, am i not the joint sponsor according to I-864? maybe i interpret it wrong...

any clarifications about this?

Also, i didnt get answer about question 9 in my original post?

thanks again...

Raven
03-23-09, 01:15 PM
i didnt get answer about question 9 in my original post?

I think that question came up only a week or two back. It's a good question!

I'm hesitant to answer again because I don't want to contradict myself and I'm too lazy to search for what I posted last time. But you're free to search for it if you wish.

mixchel
03-23-09, 02:06 PM
I am sure my wife needs to fill out I-864(one for each parent) since she is the petitioner.

I agree.

Question 1: Do I have to fill out separate I-864 & I-864A(one for each parent)?

Yes.


In questions 8 & 9 & 10 of I-864 below(for my wife):
- - -

Part 3. Information on the immigrant(s) you are sponsoring.

8. I am sponsoring the principal immigrant named in Part 2 above.

Yes No (Applicable only in cases with two joint sponsors)

Yes.

9. I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition.

(a through e)

That is the trick question. The clue is, I believe, 'principle immigrant'. Your in-laws do not have derivative visas, they are each separately petitioned. No one is 'following' or 'accompanying', specific terms in immigration-speak.

I believe the answer to that questions is "0" or however you'd like to express it.

10. Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9.

Did you get "1'?


- it's confusing because both parents will be travelling together but then it says "Do not include any relative listed on a separate visa petition."


That's the 'trick' question I refer to above.


-Explanation: from my understanding, my wife is the main sponsor, and i am the helper. so I am not sure if i have to fill out another I-864 and I-864A for each parent.

There is no 'helper'.
Your wife is the Sponsor, as she is petitioner.
You are your wife's Household Member. What is yours is hers. She adds your income information to her own and enters the total as her Household Income.
You then document that you agree to this by completing I-864A.

Do this for each visa applicant.

The only thing different about filing these two at the same time is that you'll only be charged the one I-864 review fee from the NVC (a savings value of $70!!!)
Otherwise, just treat these as the two, distinct and separate visa applications that they are.

universal123
03-23-09, 03:08 PM
I am sure my wife needs to fill out I-864(one for each parent) since she is the petitioner.

I agree.

Question 1: Do I have to fill out separate I-864 & I-864A(one for each parent)?

Yes.


In questions 8 & 9 & 10 of I-864 below(for my wife):
- - -

Part 3. Information on the immigrant(s) you are sponsoring.

8. I am sponsoring the principal immigrant named in Part 2 above.

Yes No (Applicable only in cases with two joint sponsors)

Yes.

9. I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition.

(a through e)

That is the trick question. The clue is, I believe, 'principle immigrant'. Your in-laws do not have derivative visas, they are each separately petitioned. No one is 'following' or 'accompanying', specific terms in immigration-speak.

I believe the answer to that questions is "0" or however you'd like to express it.

10. Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9.

Did you get "1'?


- it's confusing because both parents will be travelling together but then it says "Do not include any relative listed on a separate visa petition."


That's the 'trick' question I refer to above.


-Explanation: from my understanding, my wife is the main sponsor, and i am the helper. so I am not sure if i have to fill out another I-864 and I-864A for each parent.

There is no 'helper'.
Your wife is the Sponsor, as she is petitioner.
You are your wife's Household Member. What is yours is hers. She adds your income information to her own and enters the total as her Household Income.
You then document that you agree to this by completing I-864A.

Do this for each visa applicant.

The only thing different about filing these two at the same time is that you'll only be charged the one I-864 review fee from the NVC (a savings value of $70!!!)
Otherwise, just treat these as the two, distinct and separate visa applications that they are.

in your response:

10. Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9.

Did you get "1'?
[/QUOTE]

I got 2. (1 for the principal immigrant and (for ex: dad) and 1 for mom (for immigrating at the same time with her dad) <--->confusing..confusing!!!

So, with regards to filling out I-864, it seems like she filles out I-864(for mom and dad) and I also fill out I-864(for mom and dad) and then we also fill out I-864A(for mom and dad)???

or

she fills out I-864 for mom and dad and I JUST fill out I-864A as the household member? and not need to fill out I-864?

Raven
03-23-09, 03:22 PM
...

So, with regards to filling out I-864, it seems like she filles out I-864(for mom and dad) and I also fill out I-864(for mom and dad) and then we also fill out I-864A(for mom and dad)???

or

she fills out I-864 for mom and dad and I JUST fill out I-864A as the household member? and not need to fill out I-864?

She fills out I-864 for mom, she and you fill out I-864A for mom.
She fills out another I-864 for dad, she and you fill out another I-864A for dad.

universal123
03-23-09, 03:49 PM
...

So, with regards to filling out I-864, it seems like she filles out I-864(for mom and dad) and I also fill out I-864(for mom and dad) and then we also fill out I-864A(for mom and dad)???

or

she fills out I-864 for mom and dad and I JUST fill out I-864A as the household member? and not need to fill out I-864?

She fills out I-864 for mom, she and you fill out I-864A for mom.
She fills out another I-864 for dad, she and you fill out another I-864A for dad.

When you say:
"...she and you fill out I-864A for mom." and
"...she and you fill out another I-864A for dad."

you mean to say that just fill out ONE I-864A (together with my wife) for her mom and another I-864A(together with my wife) for her dad correct?

mixchel
03-23-09, 04:08 PM
There are TWO I-864s here. Each I-864 requires its own I-864A.

mixchel
03-23-09, 04:16 PM
10. Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9.

Did you get "1'?


I got 2. (1 for the principal immigrant and (for ex: dad) and 1 for mom (for immigrating at the same time with her dad) <--->confusing..confusing!!!

This is the part I was trying to explain. On the I-864 for Dad, mother is NOT entered here. Note the line that says "Do not include any relative listed on a separate visa petition" (that is mom, or the 'other' parent)




she fills out I-864 for mom and dad and I JUST fill out I-864A as the household member? and not need to fill out I-864?

OR,
She (wife) fills out I-864 for Mom, with an attached I-864A from you.
AND
She (wife) fills out I-864 for Dad, with an attached I-864A from you.


Here's where there is a Q I don't know how to answer though. In the household size, where Wife would normally account for the TWO people she is sponsoring, the question now reads
f) If you have sponsored any other persons on an I-864 or I-864 EZ who are now lawful permanent residents, enter the number here.

Of course since they are applying at the same time, neither will be a PR yet, but the I-864 still must account for both of them.

Raven
03-23-09, 04:23 PM
...

So, with regards to filling out I-864, it seems like she filles out I-864(for mom and dad) and I also fill out I-864(for mom and dad) and then we also fill out I-864A(for mom and dad)???

or

she fills out I-864 for mom and dad and I JUST fill out I-864A as the household member? and not need to fill out I-864?

She fills out I-864 for mom, she and you fill out I-864A for mom.
She fills out another I-864 for dad, she and you fill out another I-864A for dad.

When you say:
"...she and you fill out I-864A for mom." and
"...she and you fill out another I-864A for dad."

you mean to say that just fill out ONE I-864A (together with my wife) for her mom and another I-864A(together with my wife) for her dad correct?

Right.

Most people treat the I-864A as if it is only for the Household Member, but being pedantic I recognize that it has 3 sections, 1 of which is about the Sponsor, and it requirese the signature of both the Sponsor and the Household Member.

I should have written, 'she and you jointly fill out an I-864A for mom', and 'she and you jointly fill out another I-864A for dad'

mixchel
03-24-09, 01:20 PM
Here's where there is a Q I don't know how to answer though. In the household size, where Wife would normally account for the TWO people she is sponsoring, the question now reads
f) If you have sponsored any other persons on an I-864 or I-864 EZ who are now lawful permanent residents, enter the number here.

Of course since they are applying at the same time, neither will be a PR yet, but the I-864 still must account for both of them.

This was posted in another thread (http://www.familybasedimmigration.com/forum/showpost.php?p=41561&postcount=5) and may provide an answer.


I just wanted to clarify question 21 in I-864 regarding Household Size. when filling this section if anyone is applying for both parents(none of them is permanent resident yet), don't count both of them here, just put the person this application is for. if filling out for mother don't count father in this section and vice versa. so in my case, I am counting myself, my spouse, my 2 kids and my mother in my mother's application and my household size comes up 5, and same goes with my father's application when i just count my father and not my mother in his application. I confirmed this information with NVC by calling them. just wanted to share it here if anyone needs this information.
This is awesome website, and I am thankful for all the responses and help I am getting from other members. :)

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