Understanding i-864

[htanveer]

Hi,

My dad is retired and lives with me (LPR) but last year was claimed by my brother (H1-B) who lives in a different state. Dad has petitioned for my younger sister but we are confused about the AOS process. Neither I nor my brother have issues meeting the financial requirements. We submitted papers to NVC with Dad submitting i-864 and brother filing i-864A. I know for i-864 you have to be USC or LPR but did not think the requirement was the same for i-864A. Because of my dad being a dependent of my brother I thought that was the right thing to do, however I received a letter from NVC asking for my brother's i-864. I am not sure what is the best way to respond. Can I please get help with the following questions:

1. Since my brother is not eligible to file i-864, I think I should do so instead. How should I respond to the letter stating that I will be the joint sponsor instead?
2. Should my brother withdraw his i-864a? If yes then my dad's i-864 will also change.
3. According to my understanding, he does not earn but whatever my brother makes is considered household income for both of them. Similarly, he did not file taxes but my understanding is that my brother's tax returns are also dad's tax returns. As such, his i-864 previously had my brother's income listed in part 6 (15) and his last three year income listed in part 6 (19). Should it be filled the same way without my brother's i-864a or should my dad state his last three year income as $0 and check box in part 6 (20) saying that he is not required to file taxes?
4. Should part Part 6 (3 - 14) be left blank and (15) be $0?

Will appreciate your help.

Thanks

[rayb]

It's sort of hard for me to understand your situation, so please clarify:

1. Is your dad the petitioner of your younger sister?
2. If so, your dad is the primary sponsor, with his own I-864.
3. To keep things easier for USCIS (or NVC) to follow. Do a separate I-864 (rather than I-864A) for a co-sponsor, so long as the single individual co-sponsor has sufficient income to sponsor his family and your sister.

Submit new and complete bogh I-864's in response to the evidence request.

--Ray B

Hi,

My dad is retired and lives with me (LPR) but last year was claimed by my brother (H1-B) who lives in a different state. Dad has petitioned for my younger sister but we are confused about the AOS process. Neither I nor my brother have issues meeting the financial requirements. We submitted papers to NVC with Dad submitting i-864 and brother filing i-864A. I know for i-864 you have to be USC or LPR but did not think the requirement was the same for i-864A. Because of my dad being a dependent of my brother I thought that was the right thing to do, however I received a letter from NVC asking for my brother's i-864. I am not sure what is the best way to respond. Can I please get help with the following questions:

1. Since my brother is not eligible to file i-864, I think I should do so instead. How should I respond to the letter stating that I will be the joint sponsor instead?
2. Should my brother withdraw his i-864a? If yes then my dad's i-864 will also change.
3. According to my understanding, he does not earn but whatever my brother makes is considered household income for both of them. Similarly, he did not file taxes but my understanding is that my brother's tax returns are also dad's tax returns. As such, his i-864 previously had my brother's income listed in part 6 (15) and his last three year income listed in part 6 (19). Should it be filled the same way without my brother's i-864a or should my dad state his last three year income as $0 and check box in part 6 (20) saying that he is not required to file taxes?
4. Should part Part 6 (3 - 14) be left blank and (15) be $0?

Will appreciate your help.

Thanks