I-864 help!!!

[XiaoLu]

My son is the petitioning sponsor for his wife (the intending immigrant). He does not meet the income requirements for sponsorship but I, as his parent, will be using my income to meet the requirements. I have my IRS transcripts but I filed jointly with my husband. Does my husband need to fill out a form as well and is it the I-864 or I-864a?

My husband does not live in the same household as us because he is retired, so how does this all work?

[newacct]

If you live in the same residence as your son, you can act either as his "household member" or as a "joint sponsor". If you do not live in the same residence as your son, you can only act as a "joint sponsor".

If you act as a "household member", you would be counted in your son's household size on his I-864. You would fill out an I-864A, and your income would be added to your son's income to form his household income on his I-864. This household income needs to be sufficient for his household size. Your husband who does not live in the same residence as your son would not be able to act as his "household member", and your son would not be able to count your husband's income.

If you act as a "joint sponsor", you would fill out your own I-864 (in addition to the I-864 that your son fills out, so there would be two I-864s). Your son's I-864 would not include you. Your I-864 would show your own household size and your own income. If your own income is insufficient, you can add your husband's income, by him filling an I-864A, and his income would be listed under "Person 1" in Part 6 of your I-864, which adds to your individual income to make your household income. It doesn't matter whether your husband lives with you as he is your spouse. Your son's income cannot be added, as he is not your "household member", unless you claim him as a dependent on your taxes or he lives in the same household as you. If your own income is sufficient, you don't need to count any household member's income, even if you file taxes jointly.