I 864, Is it always needed?

[mymyselfandi]

Me (on H1b visa) and my wife (USC) are full time employed. Do we still need to send a I 864 form for sponsorship? I didn't know that if it is needed, so we didnt send it with my package.

My documents were received in early August 2019, and fingerprint review was completed on 4th September. So far I haven't received any RFE or RFIE, so I am wondering if the document is needed or not.

[Stormlead86]

Oh Dear, I864 is Mandatory for sponsoring a spouse, the US citizen spouse MUST take financial responsibility of Non - Citizen spouse by signing that form. this is basically kind of a lease signing contract between the Citizen and the Federal Government. (Non Citizen Spouse is the House !!)

There are exception where you are not required to take financial responsibility (Citizen or Non Citizen already have 40 social security credit or VAWA) but still you have to file i864w instead of i864.

Immediately file the I864 with the I485 NOA ASAP. See azblk comment below.

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azblk Thanks for the update. these guys are becoming cash grabbing **** these days. This used to be an RFIE last year. they started denying H1Bs left right and center and now doing this as well with AOS people.

[newacct]

I-864 is needed for I-485 for all family-based categories. See the I-485 instructions.

[azblk]

Me (on H1b visa) and my wife (USC) are full time employed. Do we still need to send a I 864 form for sponsorship? I didn't know that if it is needed, so we didnt send it with my package.

My documents were received in early August 2019, and fingerprint review was completed on 4th September. So far I haven't received any RFE or RFIE, so I am wondering if the document is needed or not.

Someone just got denied here without an RFE due to not including i-864 . Unless you want to risk a denial and have to pay again, you need to complete it and submit it with a copy of you i-485 NOA asap.

[azblk]

https://www.immihelp.com/forum/adjustment-of-status-i-485/712167-i485-denied

[mymyselfandi]

Thanks for the info! Since me and my wife live together, do I include my income in the total household income? I am on a valid work visa right now.

[newacct]

Thanks for the info! Since me and my wife live together, do I include my income in the total household income? I am on a valid work visa right now.

Your income can be included if your wife's individual income is insufficient. In that case, your income would be listed in "Person 1" in Part 6 of her I-864, and she would need to attach evidence that you are working legally.

[mymyselfandi]

Your income can be included if your wife's individual income is insufficient. In that case, your income would be listed in "Person 1" in Part 6 of her I-864, and she would need to attach evidence that you are working legally.

Thanks! But her income by herself is sufficient so do i still add mine? I can attach evidence that i am working legally, but should i even add myself as part of household unless really needed?

[bhunti]

Thanks! But her income by herself is sufficient so do i still add mine? I can attach evidence that i am working legally, but should i even add myself as part of household unless really needed?

There is no need to include your income if your wife has income above federal levels. In simple terms, if income is 2-30k for a year its enough for 2 household size.
You wife needs to submit paycheck statements, IRS Transcripts and other necessary documents.


Read the 864 instructions while filling forms.

[Scanigm]

I had no idea what i864 was until I looked at my packet lol my lawyer did everything so yeah. The petitioner should make enough money to meet the poverty guidelines s something like that. If the person does not make enough, then you are required to have an additional sponsee

[mymyselfandi]

There is no need to include your income if your wife has income above federal levels. In simple terms, if income is 2-30k for a year its enough for 2 household size.
You wife needs to submit paycheck statements, IRS Transcripts and other necessary documents.
Read the 864 instructions while filling forms.

Thanks! makes sense! Sent the 864 form with a copy of my i130, 485 and last years tax returns. Hope they dont send a denial!