I-864 Question

[ColinAB 0]

Geez could they possibly make this process any more confusing? Anyway...

Here's the scenario real quick:

My now wife was here from Brazil on a 6 month B1/B2 Visa. We met, got married, she lives with me now, has filed for a couple of Visa extensions while we go through this process, almost ready to send in the forms now. I'm currently a student with a part-time job. Obviously I don't make enough to qualify as a sole sponsor. We stay with my mother and she's agreed to be a joint sponsor. I have two quick questions:

1) Does she (my mother) fill out an I-864 or an I-864A?

2) On my I-864, question #8: I am sponsoring the principal immigrant named in Part 2 above- Yes No (Applicable only in cases with two joint sponsors)

There is a box next to the first part of that question and than boxes next to both Yes and No. Do I check the first box and than do I check Yes or No? I originally had it checked Yes but my wife and mom looked it over and they say they think I'm supposed to check No.

Sorry for the lame question, I'm just trying to get this thing right the first time through. Ugh.

[unforgettable fire 2]

Geez could they possibly make this process any more confusing? Anyway...

Here's the scenario real quick:

My now wife was here from Brazil on a 6 month B1/B2 Visa. We met, got married, she lives with me now, has filed for a couple of Visa extensions while we go through this process, almost ready to send in the forms now. I'm currently a student with a part-time job. Obviously I don't make enough to qualify as a sole sponsor. We stay with my mother and she's agreed to be a joint sponsor. I have two quick questions:

1) Does she (my mother) fill out an I-864 or an I-864A?

2) On my I-864, question #8: I am sponsoring the principal immigrant named in Part 2 above- Yes No (Applicable only in cases with two joint sponsors)

There is a box next to the first part of that question and than boxes next to both Yes and No. Do I check the first box and than do I check Yes or No? I originally had it checked Yes but my wife and mom looked it over and they say they think I'm supposed to check No.

Sorry for the lame question, I'm just trying to get this thing right the first time through. Ugh.

Why is your wife applying for a visa extension? To my understanding when you adjust status you don't need to apply for a visa extension.

[YuAndDan 153]

Is wife still in USA? If not then you will be filing for a NEW visa.

Are you adjusting status from a K-3 per the forum you are posting this to OR adjusting status from a B-Visa?

K-3 does not use I-864 until adjusting status.

If AOS from K-3 then look here: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

IF AOS from the B-Visa then look here: http://www.visajourney.com/forums/index.ph...page=i130guide2

This seems to be an AOS question and should be in Adjustment of status forum.

Why is your wife applying for a visa extension? To my understanding when you adjust status you don't need to apply for a visa extension.

Correct, filing I-130+I-485 together makes the person's status AOS pending, NO visa extension needed.

1) I-864 is for Joint sponsor, I-864A is only for a household member of a sponsor or joint sponsor.

Are the parents members of your household? Do they live in your home? I-864A is only used by members of a sponsor's household. His parent needs to provide an I-864 as a Joint sponsor, NOT I-864A.

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

For purposes of this form, a "household member" is:

• 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 the same residence as the sponsor;
• The intending immigrant, in certain circumstances. (See "How Can the Intending Immigrant Be Considered a Household Member"?)

http://www.uscis.gov/files/form/I-864A.pdf

2) You the spouse are the primary sponsor you will check YES. SEE example I-864 http://www.visajourney.com/examples/INS-Form-I-864.pdf

Joint sponsor too will check YES

Edited April 23, 2008 by YuAndDan

[ColinAB 0]

Yeah I might be in the wrong place on this board. I just saw previous questions on I-864's here so I posted here. My apologies if I'm wrong.

My wife filed for extensions prior to us getting married to give us more time to get married. They haven't been approved or not approved. At this point anyway, they are pretty much null and void since we got married and have moved on to a different process.

So yes, my mother is in the same household. We are just using her income to supplement my income and put us over the required mark.

[YuAndDan 153]

Yeah I might be in the wrong place on this board. I just saw previous questions on I-864's here so I posted here. My apologies if I'm wrong.

My wife filed for extensions prior to us getting married to give us more time to get married. They haven't been approved or not approved. At this point anyway, they are pretty much null and void since we got married and have moved on to a different process.

So yes, my mother is in the same household. We are just using her income to supplement my income and put us over the required mark.

Yes mother can use I-864A, and if wife has not left the USA, then file I-130+I-485 and also I-765 and perhaps I-131 for AP.

Again start here: http://www.visajourney.com/forums/index.ph...page=i130guide2