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I-864 at NVC - I have to submit separate I-864s. Doesn't this double my HOUSEHOLD size?

I-864 Affidavit of Support

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Old 04-07-10, 01:23 PM   #1
sos-1974sos-1974 is offline
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I-864 at NVC - I have to submit separate I-864s. Doesn't this double my HOUSEHOLD size?

I have (3) questions, at the bottom. I just felt that a little backgroud information may be helpful to anyone who can provide me with answers.

**BACKGROUND:
I am petitioning for both of my parents currently living in Mexico.

I paid for the AOS fees and received a form to change the mailing address for my parents. It was strongly advised to do this. I was then hit for a $400 invoice for ach of my parents - I wished I had been warned it was going to cost that much. Anyway, I have paid that.

The next step I was told was to print the cover page and mail in a completed I-864 (Affidavit of Support). The cover "page" I received is a PDF file with (2) pages, each one containing the cover page for each of my parents.

QUESTION 1- Going through the I-864 instructions, it seems that I need to file SEPARATE forms - one for each of my parents. Do I have to mail these in separate envelopes, or can I combine the two completed forms into one larger enverlope?

QUESTION 2- The form asks to size my household, including the intended immigrant. The first I-864 form would indicate my household is 4 + mom = 5. The second I-864 form would show my household is 4 + dad = 5. Will the immigration officer recognize that the we're looking at 5 + mom + dad = 7, instead of 5 + 5 = 10? Am I missing something? Am I right in that I do have to file two separate I-864?

QUESTION 3- The instructions indicate that we (my husband and I) need to provide the tax return for the most recent year (2009). It also indicates that we have the OPTION of sending tax returns for the two years prior to that, IF WE FEEL IT HELPS MAKE OUR CASE STRONGER. I don't have my W2s for 2008 and I don't want to wait to get copies. I am well above the 125% of porverty line (for 7 people). Will I have a "weaker" case if I only send in the 2009 tax return? By the way, I assume I can send the tax return I downloaded from TurboTax. Is that acceptable?

Thanks.
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Old 04-07-10, 02:13 PM   #2
RavenRaven is offline
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Quote:
Originally Posted by sos-1974 View Post
I have (3) questions, at the bottom. I just felt that a little backgroud information may be helpful to anyone who can provide me with answers.

**BACKGROUND:
I am petitioning for both of my parents currently living in Mexico.

I paid for the AOS fees and received a form to change the mailing address for my parents. It was strongly advised to do this. I was then hit for a $400 invoice for ach of my parents - I wished I had been warned it was going to cost that much. Anyway, I have paid that.

The next step I was told was to print the cover page and mail in a completed I-864 (Affidavit of Support). The cover "page" I received is a PDF file with (2) pages, each one containing the cover page for each of my parents.

QUESTION 1- Going through the I-864 instructions, it seems that I need to file SEPARATE forms - one for each of my parents. Do I have to mail these in separate envelopes, or can I combine the two completed forms into one larger enverlope?

QUESTION 2- The form asks to size my household, including the intended immigrant. The first I-864 form would indicate my household is 4 + mom = 5. The second I-864 form would show my household is 4 + dad = 5. Will the immigration officer recognize that the we're looking at 5 + mom + dad = 7, instead of 5 + 5 = 10? Am I missing something? Am I right in that I do have to file two separate I-864?

QUESTION 3- The instructions indicate that we (my husband and I) need to provide the tax return for the most recent year (2009). It also indicates that we have the OPTION of sending tax returns for the two years prior to that, IF WE FEEL IT HELPS MAKE OUR CASE STRONGER. I don't have my W2s for 2008 and I don't want to wait to get copies. I am well above the 125% of porverty line (for 7 people). Will I have a "weaker" case if I only send in the 2009 tax return? By the way, I assume I can send the tax return I downloaded from TurboTax. Is that acceptable?
Your profile information says that your parents are applying for adjustment of status, but your post indicates that your parents are applying for immigrant visas. Which is it?

The I-864 instructions clearly explain how many I-864s you need to submit when you have more than one intending immigrant.

Your household (of 4) + mom + dad = 6, not 7.

When people submit only their 1 most recent tax return it's not unusual for them to be asked to submit the next 2 most recent years as well.

Better to submit tax transcripts, available at no cost from the IRS.


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Old 04-07-10, 03:32 PM   #3
sos-1974sos-1974 is offline
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Thanks for the response.

I registered this morning. There may be an error in the profile (this is my first post). I am not sure how to change my profile. If you can point out how to update my profile, I would appreaciate it.

I am not applying for an adjustment of statuts for my parents, I am applying for my parents' visas (I-130 approved, now at the NVC stage).

Yes. Thanks for pointing out my typo regarding. The final tally for my household would be 4 + mom + dad = 6, and not the 7 shown.

I still have a question about this. I think it is clear that I have submit (2) I-864 forms. Is there any reference made to the fact that there is a second (and related) I-864? Again, if I ignore the fact there is another I-864 while filling out each form, I think it is straight forward. Is this the right apporach?

I will submit my 1040s for the last (3) years as you suggest. You're suggesting IRS transcripts, are my own 1040 copies plus W2s not recognized by the NVC? Do you recommend sending in pay stubs as well?
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Old 04-07-10, 03:56 PM   #4
Noorah101Noorah101 is offline
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Quote:
Originally Posted by sos-1974 View Post
I still have a question about this. I think it is clear that I have submit (2) I-864 forms. Is there any reference made to the fact that there is a second (and related) I-864? Again, if I ignore the fact there is another I-864 while filling out each form, I think it is straight forward. Is this the right apporach?
It's true that you need an I-864 for each person immigrating. Isn't there a place on the I-864 asking if there is anyone else being sponsored? That's where you'd list the other parent. You'd do that on each I-864, so they will know who is who on the I-864. For example, on the I-864 for your mom, you'll say your own household is 4, plus 1 for your mom (the intending immigrant), plus 1 for your dad (as other people you are sponsoring, not listed on this I-864).

Quote:
I will submit my 1040s for the last (3) years as you suggest. You're suggesting IRS transcripts, are my own 1040 copies plus W2s not recognized by the NVC? Do you recommend sending in pay stubs as well?

A photocopy of your entire tax return (not just the 1040, but all other Schedules and attachments as well) plus your W-2 or 1099's are acceptable. Tax transcripts are more official, are more concise, use less paper, and don't require the W-2 or 1099 backup.

You do not need to send pay stubs.

Rene
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Old 04-07-10, 04:24 PM   #5
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Quote:
Originally Posted by sos-1974 View Post
I registered this morning. There may be an error in the profile (this is my first post). I am not sure how to change my profile. If you can point out how to update my profile, I would appreaciate it.
Look for the 'User CP' link at the left side of the 2nd blue bar at the top of your screen.

Quote:
Originally Posted by sos-1974 View Post
I am not applying for an adjustment of statuts for my parents, I am applying for my parents' visas (I-130 approved, now at the NVC stage).
Your parents are applying for their visas, with your help. A subtle distinction, perhaps, but sometimes having the right point of view brings the fuzzy into focus.

Quote:
Originally Posted by sos-1974 View Post
I still have a question about this. I think it is clear that I have submit (2) I-864 forms. Is there any reference made to the fact that there is a second (and related) I-864? Again, if I ignore the fact there is another I-864 while filling out each form, I think it is straight forward. Is this the right apporach?
I think you understand correctly. What I would do is start with an I-864 and fill out only the information that will be identical for both parents, then photocopy the partially completed I-864. Then I'd finish the 1st I-864 for one parent and finish the 2nd I-864 for the other parent. Then sign them both.

Quote:
Originally Posted by sos-1974 View Post
I will submit my 1040s for the last (3) years as you suggest. You're suggesting IRS transcripts, are my own 1040 copies plus W2s not recognized by the NVC? Do you recommend sending in pay stubs as well?
I did not suggest submitting 1040s for the last three years. I suggested submitting tax returns or, preferably, IRS generated tax transcripts. As Rene points out, for most people a tax return consists of more than a 1040, sometimes a lot more.

Whether you submit 1 year or 3 years is your decision, I merely passed on to you what I often see reported so that you can consider it in making your decision.

I do recommend including a few of your most recent pay stubs, respectfully disagreeing with Rene on this point. You need to document current income, not only past income. Regretably, more than a few people who had sufficient income in 2009 and before have no income today (other than state unemployment compensation).


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Old 04-07-10, 05:45 PM   #6
Noorah101Noorah101 is offline
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Quote:
Originally Posted by Raven View Post
I do recommend including a few of your most recent pay stubs, respectfully disagreeing with Rene on this point. You need to document current income, not only past income. Regretably, more than a few people who had sufficient income in 2009 and before have no income today (other than state unemployment compensation).

My aplogies. I do indeed agree with Raven on this point. I was thinking solely in terms of tax returns.

Yes, along with the I-864 and tax returns, you need to show proof of your current employment, which can be shown by a few recent pay stubs and a letter from your employer stating your position, your income, how long you've been with this company, and that the position is a permanent one.

Rene
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