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Here is my situation and thanks for any help.
Last August (2009) I took a teaching position in China. I had already met my now wife (she also has a son my stepson.) We were married in Beijing in April 2010 and I filed the I130 in Beijing at the embassy because I was teaching and living there. We have sailed through all the steps but now we are at the dreaded I864.
Since I worked in China last year, my income does not meet the standard, so currently I have no job in the USA. My wife and I have good jobs in China, but for the purpose of trying to come to America we will have to leave them to begin our lives here. We are trying to fill out the I864 and we need some advice on which way to proceed.
The first way would be for me to fill out an I864 (I have to as the petitioner) for both my wife and stepson. Now this is where it gets tricky. Before I took the job in China, I was taking care of and living with my parents for 7 years after a financially bad divorce. When my wife and stepson come to America we will all be living with my parents (my wife put their address on her form as the address she will live at in America.) I have been advised to fill out my I864 and include my parents on my I864 as household members (section 5 line G) whose income I will be combining with mine. In this case they would each fill out an I864A for my wife and stepson. Now with regard to my household status, I never abondoned my home in America. I still get all my mail here (from doctors, bank etc.), I recently paid state taxes for 2009, I have a bank account here, and a valid drivers liscense all showing my address to be the same as my parents. Would this be sufficient to establish us as one household? If we can consider ourselves one household, I would do the I864 and each parent would do an I864A for my wife and stepson. Then the only other question would be household size as my stepson has his own I130.
The second way is to have me do an I864 and have my dad do an I864. In this scenario there is a lot of confusion with the household size (part 5 line 21), because on my form it would be 5 (my wife and stepson, my parents and myself.) However, on my dad's I864 where would I fit into the household size. He would have my wife on the I864 as the principal immigrant, and my mom (as his wife), my stepson (as someone he sponsored on another I864, using part 5 line 21 part F) which equals 4. My I864 has me, my wife and stepson and both my parents, which equals 5. Thus the confusion as there doesn't seem to be a place for me on his I864 pertaining to our household size.
I hope the first way will be OK, because my dad filling out the I864 causes a boatload of confusion especially relating to the household size. I am not a stupid man, but this form is very hard to understand, so any help would be greatly appreciated.
I am, so sorry for the long post, I have been up for 3 days and nights looking for some help, so please forgive the length of the post.
Thanks so much,
Kylie
Last August (2009) I took a teaching position in China. I had already met my now wife (she also has a son my stepson.) We were married in Beijing in April 2010 and I filed the I130 in Beijing at the embassy because I was teaching and living there. We have sailed through all the steps but now we are at the dreaded I864.
Since I worked in China last year, my income does not meet the standard, so currently I have no job in the USA. My wife and I have good jobs in China, but for the purpose of trying to come to America we will have to leave them to begin our lives here. We are trying to fill out the I864 and we need some advice on which way to proceed.
The first way would be for me to fill out an I864 (I have to as the petitioner) for both my wife and stepson. Now this is where it gets tricky. Before I took the job in China, I was taking care of and living with my parents for 7 years after a financially bad divorce. When my wife and stepson come to America we will all be living with my parents (my wife put their address on her form as the address she will live at in America.) I have been advised to fill out my I864 and include my parents on my I864 as household members (section 5 line G) whose income I will be combining with mine. In this case they would each fill out an I864A for my wife and stepson. Now with regard to my household status, I never abondoned my home in America. I still get all my mail here (from doctors, bank etc.), I recently paid state taxes for 2009, I have a bank account here, and a valid drivers liscense all showing my address to be the same as my parents. Would this be sufficient to establish us as one household? If we can consider ourselves one household, I would do the I864 and each parent would do an I864A for my wife and stepson. Then the only other question would be household size as my stepson has his own I130.
The second way is to have me do an I864 and have my dad do an I864. In this scenario there is a lot of confusion with the household size (part 5 line 21), because on my form it would be 5 (my wife and stepson, my parents and myself.) However, on my dad's I864 where would I fit into the household size. He would have my wife on the I864 as the principal immigrant, and my mom (as his wife), my stepson (as someone he sponsored on another I864, using part 5 line 21 part F) which equals 4. My I864 has me, my wife and stepson and both my parents, which equals 5. Thus the confusion as there doesn't seem to be a place for me on his I864 pertaining to our household size.
I hope the first way will be OK, because my dad filling out the I864 causes a boatload of confusion especially relating to the household size. I am not a stupid man, but this form is very hard to understand, so any help would be greatly appreciated.
I am, so sorry for the long post, I have been up for 3 days and nights looking for some help, so please forgive the length of the post.
Thanks so much,
Kylie
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