864 in household or not

lavender12

New Member
I am the petitioner for my two children. I live in my adult son's house. I do not have an income. I believe I need to fill out my own 864 and state zero income? My adult son fills out a 864A or 864? and his wife also fills out 864A? Is my son then the first of joint sponsor and daughter in law is the second of joint sponsor? Also for my 864 my household size will or not include my adult son and his wife? I don't support them but I live in their household. Since we at same residence are they technically "in my household". Thank you!
 
So the question is whether your son should act as your "household member" or as a "joint sponsor". The I-864 allows a sponsor to count a non-dependent relative living in the same household in the household size in Part 5 #7, but the instructions say that "Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence." So you can clearly count your son there if you want, but it's not clear whether you can count your daughter-in-law there.

So here's how it would work in each case:

If your son acts as your "household member": You will fill out an I-864 as the petitioner. Your individual income (Part 6 #7) will be 0. Your adult son, who you've chosen to include as part of your household size in Part 5 #7, will have his info and income listed in "Person 1" (Part 6 #8-10). Your income and his income will add to your household income (Part 6 #20), and this needs to be sufficient. Your son will fill out an I-864A as your household member.

If your son acts as a "joint sponsor": You will fill out an I-864 as the petitioner, with your individual income and household income both being 0. Your son will fill out a second I-864 as the "only joint sponsor". He will fill his individual income in Part 6 #7. If his own income is not enough, and he needs to count his wife's income, then his wife's info and income will be listed in "Person 1" (Part 6 #8-10) to sum with his income to add to his household income. In that case his wife would need to fill out an I-864A. If he doesn't need to count his wife's income, then his wife doesn't need to fill out an I-864A, and "Person 1" will be left blank.
 
My son's income is enough. Something that is confusing is that people say even if that person income is enough because they are married filing jointly than you HAVE to also include the spouse income and have the spouse do a 864A. Looks like there are a couple ways to do this correct? My son can be my "household member" and I combine my zero income to his and since his income is sufficient I do 864 he does 864A. Or he can be my joint sponsor does his own 864. Or I can have him be joint sponsor does own 864 and his wife 864A be second joint sponsor even if son income was sufficient? So it's like three ways possible and acceptable to do it?
 
Something that is confusing is that people say even if that person income is enough because they are married filing jointly than you HAVE to also include the spouse income and have the spouse do a 864A.
There have been reports that some consulates are asking for that even though it is not required by the form.

Looks like there are a couple ways to do this correct? My son can be my "household member" and I combine my zero income to his and since his income is sufficient I do 864 he does 864A. Or he can be my joint sponsor does his own 864. Or I can have him be joint sponsor does own 864 and his wife 864A be second joint sponsor even if son income was sufficient? So it's like three ways possible and acceptable to do it?
yes
 
Or I can have him be joint sponsor does own 864 and his wife 864A be second joint sponsor.

In this case I do not include my son as a my "household member" on my own 864?

There have been reports that some consulates are asking for that even though it is not required by the form.


yes

Great to know its different depending on consulate it makes sense now why people sometimes say its a problem or not.
 
In this case I do not include my son as a my "household member" on my own 864?
No, you would only include non-dependent relatives in your household in order to count their income in your household income. If there is a joint sponsor then your own household income doesn't matter anyway.
 
Your answer lies in 1040 tax return your son files. If he is including you as dependent then you file I-864 & include 864A from your son. OR if you are not being claimed dependent then you provide I-864 for you & another I-864 from your son as joint sponsor.
 
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