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Filed: IR-1/CR-1 Visa Country: Pakistan
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Hi Guys,

My question is this: my nephew is my co-sponsor. He lives with me but is not my dependent on my 2009 tax return. Which AOS form does he fill out. I talked to a lawyer that says I could fill out the both the I-864 and the I-864A for him and send them both in. This way NVC could make the decision on the correct form. Do you guys agree with this approach. Thanks for any responses.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

No. It clearly states on page one of the I-864A who can be considered as a household member when using the form - your Nephew clearly does not fall in to any of the categories:

Who May Be Considered a "Household Member" for Purposes of This Form?

A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at thesame residence as the sponsor;

The intending immigrant, in certain circumstances.

Just send the I-864. I have to wonder what the lawyer was thinking.

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