Affadavit of Support

[mrsbonky 0]

Since I haven't been working for 2 years, we are having a co-sponsor. However, it seems to me from the I-864 instructions that I should still fill out an I-864 and that my spouse has to fill our a SEPARATE I-864 to have his income included. Does anyone happen to know if this is correct?

[Old Dominion 26]

Since I haven't been working for 2 years, we are having a co-sponsor. However, it seems to me from the I-864 instructions that I should still fill out an I-864 and that my spouse has to fill our a SEPARATE I-864 to have his income included. Does anyone happen to know if this is correct?

You spouse, as sponsor, completes the form -- and a separate one for the co-sponsor. Since you have no income, you don't need to file one.

[pushbrk 13,068]

Since I haven't been working for 2 years, we are having a co-sponsor. However, it seems to me from the I-864 instructions that I should still fill out an I-864 and that my spouse has to fill our a SEPARATE I-864 to have his income included. Does anyone happen to know if this is correct?

You spouse, as sponsor, completes the form -- and a separate one for the co-sponsor. Since you have no income, you don't need to file one.

It's not at all clear to me just who is the US Citizen in this case or which visa is being sought. This is the K3 forum, so if seeking a K3, there is no I-864 used for the visa.

The US Citizen is always the primary sponsor and files an affidavit of support (the I-134 for a K3 visa or I-864 for a CR1 or IR1 visa) even if their income is zero. If a co-sponsor is needed, they fill out an additional like affidavit. The foreign spouse's income cannot be included unless it would continue from the same source after their US arrival.

Please complete your profile and timeline so accurate answers can be given to your questions.

[mrsbonky 0]

Since I haven't been working for 2 years, we are having a co-sponsor. However, it seems to me from the I-864 instructions that I should still fill out an I-864 and that my spouse has to fill our a SEPARATE I-864 to have his income included. Does anyone happen to know if this is correct?

You spouse, as sponsor, completes the form -- and a separate one for the co-sponsor. Since you have no income, you don't need to file one.

It's not at all clear to me just who is the US Citizen in this case or which visa is being sought. This is the K3 forum, so if seeking a K3, there is no I-864 used for the visa.

The US Citizen is always the primary sponsor and files an affidavit of support (the I-134 for a K3 visa or I-864 for a CR1 or IR1 visa) even if their income is zero. If a co-sponsor is needed, they fill out an additional like affidavit. The foreign spouse's income cannot be included unless it would continue from the same source after their US arrival.

Please complete your profile and timeline so accurate answers can be given to your questions.

Thank you, you're right. I've posted on the wrong board. I am the USC, my husband is the petitioner. His income will be from the same source, so I think that myself, the co-sponsor and my husband will all file.

I appreciate your patience with my mistake.

[pushbrk 13,068]

Since I haven't been working for 2 years, we are having a co-sponsor. However, it seems to me from the I-864 instructions that I should still fill out an I-864 and that my spouse has to fill our a SEPARATE I-864 to have his income included. Does anyone happen to know if this is correct?

You spouse, as sponsor, completes the form -- and a separate one for the co-sponsor. Since you have no income, you don't need to file one.

It's not at all clear to me just who is the US Citizen in this case or which visa is being sought. This is the K3 forum, so if seeking a K3, there is no I-864 used for the visa.

The US Citizen is always the primary sponsor and files an affidavit of support (the I-134 for a K3 visa or I-864 for a CR1 or IR1 visa) even if their income is zero. If a co-sponsor is needed, they fill out an additional like affidavit. The foreign spouse's income cannot be included unless it would continue from the same source after their US arrival.

Please complete your profile and timeline so accurate answers can be given to your questions.

Thank you, you're right. I've posted on the wrong board. I am the USC, my husband is the petitioner. His income will be from the same source, so I think that myself, the co-sponsor and my husband will all file.

I appreciate your patience with my mistake.

If you are the USC, you are the petitioner. Your husband is the beneficiary. If his income will continue from the same source after moving to the USA, why would you need a co-sponsor.

[mrsbonky 0]

I think we will need a co-sponsor because my husband's income previous to Sept. 08 was made overseas and I'm not sure it will add up to enough or that they will count it? I guess just to cover our bases.

[pushbrk 13,068]

I think we will need a co-sponsor because my husband's income previous to Sept. 08 was made overseas and I'm not sure it will add up to enough or that they will count it? I guess just to cover our bases.

Oh, this is an adjustment of status case. Now we're on the same page. You fill out an I-864 and your husband as a household member can fill out an I-864a to combine incomes. Does your husband earn enough to qualify for your household size? Yes, I'd get another I-864 and supporting documentation from a joint sponsor if you can. By the time any interview or approval occurs, perhaps they'll simply toss out the joint sponsor.