1-864 Joint sponsor Question

[mrsaright 0]

Ok, friday we heard from the consulate that our interview date has been set for March 3! We did our little dance, and now we're buckling down to dot our i's and cross our t's. Well, I read something in the archives that makes me think I need to re-do all of the I-864 forms that I have for myself and for my joint sponsor!! Here's the story:

My husband and I have been living in BR for 1+ year, and I have been out of work the whole time (lovely brasilian bureaucratic system). So, we will be moving back to the U.S. to live with my parents and my mother will be sponsoring my husband to be able to meet the financial requirements using her income alone. Here are the questions:

1. She filled out a form I-864A because she considered our future household to include: me, my husband, her, my father, my brother.

* * *But I read somewhere that she needs to fill out a I-864 just like I do.

2. On the I-864 Part1. it starts with a testament "I, ______ am the sponsor submitting this affidavit of support because (Check only one box):

a. I am the sponsor, etc

b. I filed an alien worker petition...

c. I have an ownership interest...

d. I am the only joint sponsor...

e. I am the __ first __ second of two joint sponsors

f. The original petition is deceased...

* * * So, my intuition is that I check a) I am the sponsor, and my mother checks d) I am the only joint sponsor.

Is that correct?

THEN: There's question 21. Your Household Size. Is this number going to be different for myself and my mother? i.e. Mine would be: Me + husband = 2. and My mother's would be: Me + Husband + herself + my father + my brother = 5. Is this right? The instructions don't seem so clear when it comes to parents.

Also, my mother included a letter from her employer, payslips, and bank account statements up until December 2007--Is this good enough or do we need to get these same documents for the Months of January/February as well? (I don't think something that includes the month of Feb is possible at this point because our interview is the first working day of March). Are faxes good enough?

[MargotDarko 0]

Ok, friday we heard from the consulate that our interview date has been set for March 3! We did our little dance, and now we're buckling down to dot our i's and cross our t's. Well, I read something in the archives that makes me think I need to re-do all of the I-864 forms that I have for myself and for my joint sponsor!! Here's the story:

My husband and I have been living in BR for 1+ year, and I have been out of work the whole time (lovely brasilian bureaucratic system). So, we will be moving back to the U.S. to live with my parents and my mother will be sponsoring my husband to be able to meet the financial requirements using her income alone. Here are the questions:

1. She filled out a form I-864A because she considered our future household to include: me, my husband, her, my father, my brother.

* * *But I read somewhere that she needs to fill out a I-864 just like I do.

2. On the I-864 Part1. it starts with a testament "I, ______ am the sponsor submitting this affidavit of support because (Check only one box):

a. I am the sponsor, etc

b. I filed an alien worker petition...

c. I have an ownership interest...

d. I am the only joint sponsor...

e. I am the __ first __ second of two joint sponsors

f. The original petition is deceased...

* * * So, my intuition is that I check a) I am the sponsor, and my mother checks d) I am the only joint sponsor.

Is that correct?

THEN: There's question 21. Your Household Size. Is this number going to be different for myself and my mother? i.e. Mine would be: Me + husband = 2. and My mother's would be: Me + Husband + herself + my father + my brother = 5. Is this right? The instructions don't seem so clear when it comes to parents.

Also, my mother included a letter from her employer, payslips, and bank account statements up until December 2007--Is this good enough or do we need to get these same documents for the Months of January/February as well? (I don't think something that includes the month of Feb is possible at this point because our interview is the first working day of March). Are faxes good enough?

You are correct that your mother also needs to fill out the I-864 not the I-864A, and she should check "I am the only joint sponsor" and you will check "I am the sponsor".

Yes, your household sizes will be different. Your mother's household should be 4 actually as long as she has no other dependents than your brother - you are not included in her number. The numbers are based on the current situation not the situation that will occur after you guys move to the US. Your husband is still included her number as he is the immigrant and she will be responsible for him.

If I were you, I would definitely get something as recent as possible, so at least January. Signatures should be original, especially on the I-864, so since she has to send that anyway, you might as well have her send the other documents as originals as well. I would bring the originals and copies to the embassy.

[mrsaright 0]

You are correct that your mother also needs to fill out the I-864 not the I-864A, and she should check "I am the only joint sponsor" and you will check "I am the sponsor".

Yes, your household sizes will be different. Your mother's household should be 4 actually as long as she has no other dependents than your brother - you are not included in her number. The numbers are based on the current situation not the situation that will occur after you guys move to the US. Your husband is still included her number as he is the immigrant and she will be responsible for him.

If I were you, I would definitely get something as recent as possible, so at least January. Signatures should be original, especially on the I-864, so since she has to send that anyway, you might as well have her send the other documents as originals as well. I would bring the originals and copies to the embassy.

Great, wonderful.

Now, for Part 3:

My mother checks:

8. I am sponsoring the pfincipal immigrant named in part 2

(check) yes??

[MargotDarko 0]

Great, wonderful.

Now, for Part 3:

My mother checks:

8. I am sponsoring the pfincipal immigrant named in part 2

(check) yes??

Yep, for both your form and your mother's form, Part 3, Number 8 will be "Yes"

[mrsaright 0]

You are correct that your mother also needs to fill out the I-864 not the I-864A, and she should check "I am the only joint sponsor" and you will check "I am the sponsor".

Yes, your household sizes will be different. Your mother's household should be 4 actually as long as she has no other dependents than your brother - you are not included in her number. The numbers are based on the current situation not the situation that will occur after you guys move to the US. Your husband is still included her number as he is the immigrant and she will be responsible for him.

If I were you, I would definitely get something as recent as possible, so at least January. Signatures should be original, especially on the I-864, so since she has to send that anyway, you might as well have her send the other documents as originals as well. I would bring the originals and copies to the embassy.

Great, wonderful.

Now, for Part 3:

My mother checks:

8. I am sponsoring the pfincipal immigrant named in part 2

(check) yes??

Ok, thanks for the reply--and actually i just received my mother's re-done I-864 from Fedex today, and I can't believe that she's gone and changed everything on me!!! Ok, not everything and maybe not all is lost, but God, why did she have to go and do this without TELLING ME ABOUT IT FIRST!!!

Sorry, I just need to vent because now it's crunch time and I feel like I may have ask my parents to re-do these forms again, because NOW MY BOTH PARENTS ARE SPONSORING MY HUSBAND and not just my mother alone. The problem I see is this:

1. My mother filled out a I-864 and my father filled out a I-864A (is this right?)

2. My mother checked for Part 3 #8: "I am sponsoring the principal immigrant named in Part 2 above)/YES (should this be "No" because now my father included makes this a case of two joint sponsors?)

3. My father checked for I-864A #8c: I am not the intending immigrant. I am the sponsor's household member. I am related to the sponsor as his/her: SPOUSE (ok... so, does this mean that the contract is between my Mother and my Father? Am I not considered the Sponsor for the intents and purposes of the I-864??)

4. My parents have filed their taxes jointly forever so getting tax statements isn't a problem, it's more a problem of the nature of the supporting documents they sent (see below)

So this is the problem--my father is on disability, so he sent me a copy of his Social Security Benefit Statement from 2007 and how it will increase as of Jan 2008. Can one include disability as a source of income to sponsor an immigrant? And is a copy enough proof of the value/endurance of it? It actually makes no statement to the duration of the benefit (i.e. nothing to the effect of "you will be receive this amount of money for this amount of time.)

Also, I asked my mother for updates on bank statements for December/January and income statements from her work and she sent me INTERNET PRINTOUTS--what's the point of fedexing internet printouts!!! Are these even useful to bring with me to the interview?? Should I ask for originals at this point? I don't think they'd get here on time to be honest, not unless she ran around and got all the documents before noon on Monday and sent it out before noon on Monday.

again sorry to vent... I know that my husband and I and my parents have a legit case with no real holes... I just can't believe it's so hard to get the papers right!

[MargotDarko 0]

No need to panic! It sounds like the forms are perfectly fine (it's not a case of a two joint sponsors but of one joint sponsor who is including a household member's income), but I would be a little worried as well about the supporting documents unless there's something else you haven't mentioned. Do you have your mother's original W2 from 2007 and an original letter from her employer stating her current income? If so, I would not sweat the other stuff, especially if your mother's income without your father's SS benefit is sufficient.

[mrsaright 0]

You are correct that your mother also needs to fill out the I-864 not the I-864A, and she should check "I am the only joint sponsor" and you will check "I am the sponsor".

Yes, your household sizes will be different. Your mother's household should be 4 actually as long as she has no other dependents than your brother - you are not included in her number. The numbers are based on the current situation not the situation that will occur after you guys move to the US. Your husband is still included her number as he is the immigrant and she will be responsible for him.

If I were you, I would definitely get something as recent as possible, so at least January. Signatures should be original, especially on the I-864, so since she has to send that anyway, you might as well have her send the other documents as originals as well. I would bring the originals and copies to the embassy.

Great, wonderful.

Now, for Part 3:

My mother checks:

8. I am sponsoring the pfincipal immigrant named in part 2

(check) yes??

Ok, thanks for the reply--and actually i just received my mother's re-done I-864 from Fedex today, and I can't believe that she's gone and changed everything on me!!! Ok, not everything and maybe not all is lost, but God, why did she have to go and do this without TELLING ME ABOUT IT FIRST!!!

Sorry, I just need to vent because now it's crunch time and I feel like I may have ask my parents to re-do these forms again, because NOW MY BOTH PARENTS ARE SPONSORING MY HUSBAND and not just my mother alone. The problem I see is this:

1. My mother filled out a I-864 and my father filled out a I-864A (is this right?)

2. My mother checked for Part 3 #8: "I am sponsoring the principal immigrant named in Part 2 above)/YES (should this be "No" because now my father included makes this a case of two joint sponsors?)

3. My father checked for I-864A #8c: I am not the intending immigrant. I am the sponsor's household member. I am related to the sponsor as his/her: SPOUSE (ok... so, does this mean that the contract is between my Mother and my Father? Am I not considered the Sponsor for the intents and purposes of the I-864??)

4. My parents have filed their taxes jointly forever so getting tax statements isn't a problem, it's more a problem of the nature of the supporting documents they sent (see below)

So this is the problem--my father is on disability, so he sent me a copy of his Social Security Benefit Statement from 2007 and how it will increase as of Jan 2008. Can one include disability as a source of income to sponsor an immigrant? And is a copy enough proof of the value/endurance of it? It actually makes no statement to the duration of the benefit (i.e. nothing to the effect of "you will be receive this amount of money for this amount of time.)

Also, I asked my mother for updates on bank statements for December/January and income statements from her work and she sent me INTERNET PRINTOUTS--what's the point of fedexing internet printouts!!! Are these even useful to bring with me to the interview?? Should I ask for originals at this point? I don't think they'd get here on time to be honest, not unless she ran around and got all the documents before noon on Monday and sent it out before noon on Monday.

again sorry to vent... I know that my husband and I and my parents have a legit case with no real holes... I just can't believe it's so hard to get the papers right!

Ok... that's great to hear that the forms are filled out right. The only thing that you said to worry about is having the original W-2 and an original letter from her employer... the only thing I have is a copy of her W-2. But how could I ask for an original if she'll need that for doing her taxes (like now). Her income is sufficient by itself... I don't know why she included my father's benefit. And the letter I have from her employer is an original from December... but I've got printouts of her paychecks for each month for the last year and including up to February of this year.

[MargotDarko 0]

Ok... that's great to hear that the forms are filled out right. The only thing that you said to worry about is having the original W-2 and an original letter from her employer... the only thing I have is a copy of her W-2. But how could I ask for an original if she'll need that for doing her taxes (like now). Her income is sufficient by itself... I don't know why she included my father's benefit. And the letter I have from her employer is an original from December... but I've got printouts of her paychecks for each month for the last year and including up to February of this year.

That sounds okay I think. I have to admit I am not clear on how necessary it would be to have the original W2, and if they're reasonable they must understand that it's needed for doing taxes. My husband had his interview in November, so it was easy to have the original with us. Do you have instructions for the documents you're supposed to bring to the interview? Do they mention which documents must be originals? However, it seems with the back up of the employer letter and the copies of the paychecks, that should be sufficient to prove her income.