I-864 or I-864A with no income but proof of assets?

[dv22oc16xx]

In a unique situation: My sister is a citizen sponsoring our parents.
She does taxes jointly with her husband.

They are business owners and don't have any income (no W2s, no 1040s or 1099s). They live off their savings.
They can show property, stocks & bank statements which will be beyond 8 figures.
What forms should we use for the affidavit of support?
Do we submit both I-864 and I-864A from my sister and her husband for each parent separately?
So 4 forms in total?

So confused, thanks

 

[whitemimauz3]

Your sister will file I-864 separately for each parent Keep in mind if your sister has enough cash/stocks/bonds/real estate she will include her details on I-864. If she is falling short of income she can involve her husband and he will file I-864A showing income/asset details.

 

[Shyam Kumar]

Your sister will file I-864 separately for each parent Keep in mind if your sister has enough cash/stocks/bonds/real estate she will include her details on I-864. If she is falling short of income she can involve her husband and he will file I-864A showing income/asset details.

What if the husband and wife have earnings but file the tax jointly? Since they both file the tax jointly, shouldn't both be sponsors and co-sponsor? Let's say, the wife is sponsoring the parents for AOS.

 

[whitemimauz3]

Under I-864 part 6 Q. 7 you would write 0, Q.8 you would write your brother's in law's name & his income, put check mark on line 21. 24 a, b & c write combined income for your sister & brother in law for past 3 years and your brother will prepare & sign I-864A. You need to follow this route for each parent since there was separate I-130 filing for them.

 

[Shyam Kumar]

Under I-864 part 6 Q. 7 you would write 0, Q.8 you would write your brother's in law's name & his income, put check mark on line 21. 24 a, b & c write combined income for your sister & brother in law for past 3 years and your brother will prepare & sign I-864A. You need to follow this route for each parent since there was separate I-130 filing for them.

Hi whitemimauz3
Thank you for the clarification.
In addition, I have trouble finding the fact in PART-3, "Information About the Immigrant You Are Sponsoring".
In Q.1 (I am sponsoring the principal immigrant named in Part-2) I Checked "YES", Then I see a few lists of Family members columns(Such as: 1,2,3,4). Here I found it confusing, since I am a petitioner, filing for my both parents, I thought, let's say I am filling out the form for my mom, should I provide the details of my dad in one of the family members1 or should I leave these empty? which means just providing the detail for one applicant in one application. Attached the page for clarification.

Please help me on this.
Thank you

 

[newacct]

What if the husband and wife have earnings but file the tax jointly? Since they both file the tax jointly, shouldn't both be sponsors and co-sponsor? Let's say, the wife is sponsoring the parents for AOS.

How they filed tax returns in past years has no bearing on whether the husband acts as a household member for the I-864. The wife would only use the husband as household member if the wife's current individual salary is insufficient.

 

[newacct]

Hi whitemimauz3
Thank you for the clarification.
In addition, I have trouble finding the fact in PART-3, "Information About the Immigrant You Are Sponsoring".
In Q.1 (I am sponsoring the principal immigrant named in Part-2) I Checked "YES", Then I see a few lists of Family members columns(Such as: 1,2,3,4). Here I found it confusing, since I am a petitioner, filing for my both parents, I thought, let's say I am filling out the form for my mom, should I provide the details of my dad in one of the family members1 or should I leave these empty? which means just providing the detail for one applicant in one application. Attached the page for clarification.

Please help me on this.
Thank you

No. Those "family members" are for derivative beneficiaries. Your parent is in the Immediate Relative category which cannot have derivative beneficiaries, so nothing should go there. The form explicitly says "Do not include any relative listed on a separate visa petition."

 

[Shyam Kumar]

No. Those "family members" are for derivative beneficiaries. Your parent is in the Immediate Relative category which cannot have derivative beneficiaries, so nothing should go there. The form explicitly says "Do not include any relative listed on a separate visa petition."

Thank you very much, It cleared my doubts

 

[Shyam Kumar]

Thank you very much, It cleared my doubts

No. Those "family members" are for derivative beneficiaries. Your parent is in the Immediate Relative category which cannot have derivative beneficiaries, so nothing should go there. The form explicitly says "Do not include any relative listed on a separate visa petition."

No. Those "family members" are for derivative beneficiaries. Your parent is in the Immediate Relative category which cannot have derivative beneficiaries, so nothing should go there. The form explicitly says "Do not include any relative listed on a separate visa petition."

In Part-3. Question no. 9(Enter the total number of immigrants you are sponsoring on the affidavit which includes the principal immigrant list in Part-2., any immigrants listed in Part-3., items number 1 - 28, and (if applicable), any immigrants listed for those questions in Part -11.................. should I write in the check box, 2 or 1? didn't know if we need to mention both parents or just one that we are filing for one at a time?

 

[newacct]

View attachment 4028

In Part-3. Question no. 9(Enter the total number of immigrants you are sponsoring on the affidavit which includes the principal immigrant list in Part-2., any immigrants listed in Part-3., items number 1 - 28, and (if applicable), any immigrants listed for those questions in Part -11.................. should I write in the check box, 2 or 1? didn't know if we need to mention both parents or just one that we are filing for one at a time?

You mean Part 3 item 29? You enter "1" because there is just a principal beneficiary and no derivative beneficiaries.

 

[Shyam Kumar]

You mean Part 3 item 29? You enter "1" because there is just a principal beneficiary and no derivative beneficiaries.

Yes, Thank you.