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Filed: K-1 Visa Country: Thailand
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I'm here on a K-1, and am now working on filing for AOS. The I-864 part can be a bit confusing. Here are some questions I have...

1). I've ran into a few statements here and elsewhere saying that a joint sponsor and a co-sponsor are not the same thing. Here is just one statement I came across:

"“I'm in the same boat as you my 2008 AGI is low so I'm going with the Joint Sponsor. I'll save you some money my attorney told me to do the joint not co-sponsor with a projected income letter for 2009 Good Luck”. Can someone explain to me the difference between the two?

2). I'm trying to figure out what which would be best for my situation. To give you a better idea... My husband made about $3000 over the 125% poverty guidelines in 2008, but will be below them this year due to getting laid off (since he will be rehired in about a month, he's conservatively estimating he'll make between $10,000 and $12,000 for 2009, and putting that for "current income"). We are living with his mom, who has agreed to be a joint sponsor or co-sponsor (we are now confused what the difference is). She will make $5000 - $6000 over the 125% poverty limit for a household of 3 this year, and has done so the the last 3 years at least - she's also had the same job for about 15 years. Having said all this... We think his mom's income and situation presents a stronger and more stable picture than my husband's at the moment. But we're trying to figure out how to best present this overall picture. Leading into my main question (still on question #2, just new paragraph)....

We gathered from another post that in this situation, the best thing to do is have my husband fill out the I-864 and have his mom fill out the I-864A, based on the fact that we live in the same household. But one thing I'm wondering is, would it make our case look a little stronger if his mom actually became a joint sponsor for me? (And if so, would she fill out a separate I-864 instead of an I-864A?). I'm a little confused whether there is a rule saying you absolutely have to use the I-864A if someone who wants to help lives in the same house, and if not, whether using two I-864's in this situation is ever allowed and/or can have any advantages.

3. Last question... In a worst case scenario, suppose my fiance and I were told that the overall financial situation is a little too tight, and were denied at our interview. Would we be allowed to find a second joint sponsor at that stage in the game, or would it be too late by that point? (I ask this because my husband's dad - divorced and living in another house - might be willing to be a joint sponsor if he had to. But it seems he wants to do that only if absolutely necessary, which we may not know until towards the end of this long process).

Sorry for the long and somewhat messy post, but hopefully a few of you can follow it and give some input.

Posted
I'm here on a K-1, and am now working on filing for AOS. The I-864 part can be a bit confusing. Here are some questions I have...

1). I've ran into a few statements here and elsewhere saying that a joint sponsor and a co-sponsor are not the same thing. Here is just one statement I came across:

"“I'm in the same boat as you my 2008 AGI is low so I'm going with the Joint Sponsor. I'll save you some money my attorney told me to do the joint not co-sponsor with a projected income letter for 2009 Good Luck”. Can someone explain to me the difference between the two?

No real difference actually. They are just people that either will provide full support (joint sponsor), or add income to support (co-sponsor). (Strickly going with the 864)

2). I'm trying to figure out what which would be best for my situation. To give you a better idea... My husband made about $3000 over the 125% poverty guidelines in 2008, but will be below them this year due to getting laid off (since he will be rehired in about a month, he's conservatively estimating he'll make between $10,000 and $12,000 for 2009, and putting that for "current income"). We are living with his mom, who has agreed to be a joint sponsor or co-sponsor (we are now confused what the difference is). She will make $5000 - $6000 over the 125% poverty limit for a household of 3 this year, and has done so the the last 3 years at least - she's also had the same job for about 15 years. Having said all this... We think his mom's income and situation presents a stronger and more stable picture than my husband's at the moment. But we're trying to figure out how to best present this overall picture. Leading into my main question (still on question #2, just new paragraph)....

Joint sponsor means your Mom in law would need to be able to support you, herself, and any other dependents on her tax return. (if your husband isn't - he doesn't count) using just her income. (I-864)

If she uses the I-864A, then she is adding her income to your husbands income to meet the level needed.

We gathered from another post that in this situation, the best thing to do is have my husband fill out the I-864 and have his mom fill out the I-864A, based on the fact that we live in the same household. But one thing I'm wondering is, would it make our case look a little stronger if his mom actually became a joint sponsor for me? (And if so, would she fill out a separate I-864 instead of an I-864A?). I'm a little confused whether there is a rule saying you absolutely have to use the I-864A if someone who wants to help lives in the same house, and if not, whether using two I-864's in this situation is ever allowed and/or can have any advantages.

Either will work - depends what your comfortable to go with. If Mom can provide enough support for you and herself/dependents - it would be easier to do the 864. One adds income (864A) the other is just the sponsors income alone (864)

3. Last question... In a worst case scenario, suppose my fiance and I were told that the overall financial situation is a little too tight, and were denied at our interview. Would we be allowed to find a second joint sponsor at that stage in the game, or would it be too late by that point? (I ask this because my husband's dad - divorced and living in another house - might be willing to be a joint sponsor if he had to. But it seems he wants to do that only if absolutely necessary, which we may not know until towards the end of this long process).

Yes - you would have a chance to correct the issue.

Sorry for the long and somewhat messy post, but hopefully a few of you can follow it and give some input.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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