Clarity regarding i864

[Flyinghigh72]

Hi there, quick question that hopefully you guys can answer. I filed an i130 as dcf in Delhi in early may. I got the email from Mumbai saying that they got the application and I can proceed further with medicals and pcc. I just have a bit of confusion regarding the i864 and i864a. I'll explain my situation and hopefully someone can clear it up.

I am currently living in India after finishing medical school and am married. I am a us citizen and currently don't have a job. My parents file taxes in the US with me as a dependant. My wife has financials with over 200k in her bank accounts not accounting for other assets.

My dad doesn't want to get involved in this procedure so it would only be my mom signing documents of support. She makes 40k and we would be a total family of 4, my parents, me and my wife. We would all be living together. My parents file a joint return with me as a dependent.

Do I fill out the i864 and mom fills out the i864a? Where it says property owned, would mom declare half the value of the house that my parents own? What about their joint bank account? Thanks for any assistance you guys can provide.

[inadmissible]

With 200k in the bank, why bother with qualifying based on income?
You have to file 864, just have your wife file 864a

[Flyinghigh72]

the 200k is not in american banks and hence, there is no us tax returns associated with it. Is there a way around that?

[inadmissible]

Your wife is not a United States person for tax purposes. That is, she is neither a United States citizen, a lawful permanent resident, nor does she meet the substantial presence test. I don't see any reason why she should have ever filed any United States tax returns with respect to her income, or Foreign Financial Asset disclosures with respect to her assets.

USCIS Immigration Officers are trained to follow the Adjudicators Field Manual, Chapter 20.5, when evaluating affidavits of support. That subchapter mentions many times that the assets of the intending immigrant can be used to satisfy the requirements. Like really, it says so again and again. Specifically, in section (d)(5) it states:

Use of Intending Immigrant’s Assets: If the sponsor does not meet the income requirement using his or her own income and/or assets, the sponsor may include the net value (the total value of the assets less any offsetting liabilities) of the intending immigrant’s assets. The instructions to Part 6 of Form I-864 indicate that the intending immigrant does not need to complete Form I-864A if he or she is using his or her assets to qualify even if he or she has an accompanying spouse and/or children. Instead, the intending immigrant only needs to provide documentation showing the net value of all assets.

Section (k)(5) goes on to state:

Use of Assets to Supplement Sponsor’s Income: If a sponsor cannot meet the Poverty Guideline requirement based upon total household income listed on line 24c, he or she may show evidence of assets owned by the sponsor, and/or members of the sponsor’s household, that are available to support the sponsored immigrant(s) and can be readily converted into cash within 1 year.

For assets of the intending immigrant and/or household member to be considered, the household member must complete and sign Form I-864A. USCIS should check to make sure that the Form I-864A is completed and signed by the sponsor and the household member.


(A) Evidence of assets .


Evidence of the sponsor’s assets should be attached to the Form I-864. Evidence of the principal sponsored immigrant’s and/or household member assets should be attached to Form I-864A. In each instance, the evidence should establish the location, ownership, and value of each listed asset, including any liens or liabilities for each listed asset. Evidence of assets includes, but is not limited to:


· Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;


· Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired;


· Evidence of ownership and value of other personal property and dates acquired; and


· Evidence of ownership and value of any real estate and dates acquired.


(B) Amount of assets required.

If the adjustment of status applicant intends to immigrate as a spouse of a U.S. citizen or as the child of a U.S. citizen who will not become a citizen under section 320 of the Child Citizenship Act of 2000 because the child has already reached his or her 18th birthday, the “significant assets” requirement will be satisfied if the assets equal three times, rather than five times, the difference between the applicable income threshold and the actual household income.



Example for a household size of 4 :
125 percent of 2006 Poverty Guidelines $25,000
Sponsor's income $19,500
Difference $5,500
Multiply by 3 x 3
Minimum Required Net Value of Assets $16,500

I have heard that Immigration Officers will not accept assets that are the proceeds of criminal activities, but I don't know if there is any legal basis for them to do so. Many intending immigrants have not yet started a life in the United States, so if they did not recognize foreign assets they would have clearly stated as such. They did not. They also describe "a statement from an officer of the bank" which is an entirely foreign concept - for liability reasons US banks will not do that.

[Flyinghigh72]

Hi there, apologies for bringing up this old thread. Things got hectic for a bit and I couldn't get any time to reply, really sorry. I'll write down a timeline when I get a chance. Thanks so much for replying and it seems that one attachment you've listed says the sponsor (me) can list the intending immigrants assets without her filling out an i864a. The next attachment you've listed says she does need to fill out an i864a. The i864 instruction guide says no need to do the i864a. So I'm guessing here that I will fill out the i864 and list my wife's financial assets in there and my mother will fill out the i864a and list hers.

I just had a few questions that I wanted to clear up once and for all. Any help you can provide would be appreciated , thanks:

1. Under Part 4 of the I-864 (Information on the Sponsor), As I did my
medical education in India and am currently in India, I would write my
mailing address as my indian address but my place of residence as my
address in New York?

2. Under Part 5 (Sponsor's Household Size): I will enter 1 for the person I
am sponsoring, 1 for myself, 0 for my spouse as she is already counted in
the first question. I have a question regarding question 7 in part 5. If
you have siblings, parents, or adult children with the same principal
residence who are combining their income with yours by submitting form
I-864a. Do I enter 1 or 2. I have both my father and mother in the house,
but only my mother is filing the I-864a and she is only listing her income
out of the joint tax return.

3. Under Part 6 (Sponsor's Income and Employment): My parents file a joint
tax return under which I am listed as a dependent. I do not file an
individual tax return. Do I select the box under question 13 where it asks
about federal tax returns? I do have a copy of my parents tax returns for
the past 3 years in which I am listed as a dependent.

4. My last question is regarding the instruction guide for I-864, on page 6
of 13, part b on the top, it says, "If you included the income of the
intending immigrant who is your spouse (he or she would be counted on Item
Number 7 of Part 5" <--------- Item 7 of part 5 only talks about siblings,
parents, or adult children. Should I disregard this information? Also, my
wife's income comes from her family business, how does she prove that it
will continue after obtaining lawful permanent status?

Your wife is not a United States person for tax purposes. That is, she is neither a United States citizen, a lawful permanent resident, nor does she meet the substantial presence test. I don't see any reason why she should have ever filed any United States tax returns with respect to her income, or Foreign Financial Asset disclosures with respect to her assets.

USCIS Immigration Officers are trained to follow the Adjudicators Field Manual, Chapter 20.5, when evaluating affidavits of support. That subchapter mentions many times that the assets of the intending immigrant can be used to satisfy the requirements. Like really, it says so again and again. Specifically, in section (d)(5) it states:

Section (k)(5) goes on to state:

I have heard that Immigration Officers will not accept assets that are the proceeds of criminal activities, but I don't know if there is any legal basis for them to do so. Many intending immigrants have not yet started a life in the United States, so if they did not recognize foreign assets they would have clearly stated as such. They did not. They also describe "a statement from an officer of the bank" which is an entirely foreign concept - for liability reasons US banks will not do that.

[Flyinghigh72]

Didn't know I could quote myself but I don't see an edit option. I ended up calling USCIS to sort out my confusion and I'll list the answers that I got. Hopefully, it'll help someone else out:

1. Under Part 4 of the I-864 (Information on the Sponsor), As I did my
medical education in India and am currently in India, I would write my
mailing address as my indian address but my place of residence as my
address in New York?
------------> Mailing Address is in India. Residence is where you maintain residence, such as my case, New York, as I maintain mailing and etc...

2. Under Part 5 (Sponsor's Household Size): I will enter 1 for the person I
am sponsoring, 1 for myself, 0 for my spouse as she is already counted in
the first question. I have a question regarding question 7 in part 5. If
you have siblings, parents, or adult children with the same principal
residence who are combining their income with yours by submitting form
I-864a. Do I enter 1 or 2. I have both my father and mother in the house,
but only my mother is filing the I-864a and she is only listing her income
out of the joint tax return.

-------------> I would enter 3 for this. Only people that are involved in the form is to be counted.

3. Under Part 6 (Sponsor's Income and Employment): My parents file a joint
tax return under which I am listed as a dependent. I do not file an
individual tax return. Do I select the box under question 13 where it asks
about federal tax returns? I do have a copy of my parents tax returns for
the past 3 years in which I am listed as a dependent.

-------------> I don't select anything as I have not filed anything on my own. As I have no income, I don't file. I can attach a letter explaining the same.

4. My last question is regarding the instruction guide for I-864, on page 6
of 13, part b on the top, it says, "If you included the income of the
intending immigrant who is your spouse (he or she would be counted on Item
Number 7 of Part 5" <--------- Item 7 of part 5 only talks about siblings,
parents, or adult children. Should I disregard this information? Also, my
wife's income comes from her family business, how does she prove that it
will continue after obtaining lawful permanent status?
-------------> Disregard the same