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回答: 請問八老師 I-864 questionsBZ20192020-09-27 22:43:48

多謝八老師 長期以來的幫助.

Here is background information about me. My old son (petitioner, thereafter) is sponsoring me and his mom at the same time with one application package. The petitioner is single, no dependent. 
Both my wife and I are working in the US with TN status, but we live in different states with my son, so we do not live together. My wife and I live together with our younger son (teenager, also US citizen).


1. When the petitioner fills out I-864, does he need to worry about my younger son (US citizen) and count him as part of household size?

-No, your younger son is your family member, not your elder's son's.

The younger son is a US citizen, he does not need to "immigrate" to the US. The peititoner should not mention my younger son in I-864?

-No.


2. I-864 form, Part 5, item 6 (on page 4): "If you have sponsored any other persons on Form I 864 or Form I 864 EZ who are now lawful permanent residents, enter the number here." 
The petitioner never sponsors anyone before, should enter "0"?

-No, put "1" there and thus, both you and your spouse will be counted into the petitioner's hopusehold size.  Although either you or your spouse have not immirate yet,  you will do it very soon, anyway.


3. I-864 form, Part 5, item 8 (on page 4)
When the petitioner prepares I-864 for me, the household size is "2" because "1" in item# 1 and "1" in item#2 in THIS affidavit. It looks like he only sponsors one person from my I-864. But In the separate filing package, he also fills out the I-864 form for his mom, and the household size also "2" in part 5, item#8. Did that entry above right or wrong? 

-See the answer to your above question.
If right, when USCIS evaluates the petitioner's financial eligibility, the household size 2 or 3 to be used? The fact is the petitioner is sponsoring 2 persons at the same time, i.e., dad and mom, but in each I-864 form, the household only shows "2." Confused.


3. I-864 Part 6, item 7 (on page 4): "My current individual annual income is"
The annual income is from W2s in 2019, or the estimated income based  on 2020 employment since 2020 not over yet and the annual number  cannot be exact until the last day of 2020. 

-It is your estimated income of 2020 (your current monthly salary X 12).


4. I-864 part 7, item 1 on page 5: "Enter the balance of all savings and checking accounts."
This is the balance as of date signing I-864

-Yes, but also provide the statement of the accounts which normally shows the account hostry of 2020. If your child has enough income, you do not ahve to put this in I-864, but need to put it in I-944.

or the average balance over the time since opening the account?

 

5. If submitting Tax Transcripts, W2 and tax return will not be submitted at all?. -W2 plus either the copy of tax return or tax transcript.


6. To obtain tax transcript, the transcript downloaded from IRS website is acceptable -Fine.

or must request in writing to IRS?


7. I may need to ask my friend (married) to be a joint sponsor. If the sponsor jointly filed tax return last year, the adjusted income in tax transcript is for the sponsor only or for both sponsor and his spouse?

-If his personal income is enough, he does not need his wife's income. He can put the amount in Box 1 of his W2 to I-864, and provide the copy of the joint tax return.

How to tell/split which part is from sponsor and which is from sponsor's spouse?

 

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