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i864 or i864a

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  • i864 or i864a

    Hi, I'm applying for my AOS per marriage with a U.S. citizen. My hubby is fresh out of college so we asked his dad and sister to be the green card sponsor. In filing out i864 form I have some questions:

    1. Should my sister-in-law file a I-864 or I-I864a?

    I know my husband is the petitioning sponsor who definitely needs to file an I-864. Then my father-in-law is also filing an I-864 as a joint sponsor. Though his income is sufficient I asked my sister-in-law to chip in just to be safe. The question is, should she file I-864 or I-864a? My father-in-law files income tax jointly with his wife. My sister-in-law is over 21 yrs, single, and has been filing tax return individually for the last three years. She's by no means her dad's dependent but she lives with her parents in the same house right now sharing the same household address. In that case, should she file an I-864a as a household member of her dad, or an I-864 as a second joint sponsor?

    Also, if she files I-864a, is there any supporting doc needed to prove they live in the same address? All her tax return transcript has the same address as her dad's.

    2. Part 6 line 13

    In my father-in-law's I-864, I'm confused with Part 6 line 13, annual income.
    My in-laws file joint tax return, but I don't intend to let my mother-in-law be a co-sponsor as she's been unemployed since a year ago.
    Should Part 6 line 13 be my father-in-law's own income per his W2 or the joint income with his wife per the joint tax return transcript?

    If it's just his own income per W2, will the discrepancy confuse the immigration office as it's not the same with the tax return transcript that shows his and his wife's income?

    3. Part 6 line 5

    I found the current income provided by my sponsors slightly different from their pay stubs. The number calculated per their pay stub is slightly less or more than what they claim in the i864 form, by about 2k (e.g., 65,000 on the form vs. 67000 by projection of pay stub; or 37,500 on the form vs. 35,000 by projection of pay stub). I wonder such disparity will matter? Must the number be very exact even though that's a ball-park projection? I could update the forms based on whatever is suggested here. Just want to know the best practice.

    Thanks for your answers in advance!
    Last edited by sugeeamimi15; 06-04-2015, 12:43 AM.

  • #2
    Your sister in law, should file I-864a, as a household member. She would need to also just as your father in law, provide, proof of status, certified Tax Returns, pay stubs, letter from employer etc Those will prove her address.

    Part 6 line 13, is just a statement, for your father in law to verify if he files taxes for the last 3 years, but sending only the most recent tax returns.

    But, If he is sending all three years' tax returns, there is no need to mark part 6 # 13

    Your father in law, should provide ONLY his W2, since you said his salary, covers the affidavit of support. The offer will not be confused, as his salary covers the desired amount. They may be confused, with you sending your sister in law's, when you have already reach the desired/required amount.

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