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AnnB

I-864, I-864A questions!

By AnnB in Adjustment of Status from Work, Student, & Tourist Visas

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AnnB Rookie

AnnB   0

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Hello everyone, I have sent my pack just days ago, I have a few questions about the affidavit of support...well, my husband is looking for a job right now, we're living with his parents...they sign an I-864, because my husband has no income and is listed as a dependent, so I think they are going to send a RFE because he didn't sign the affidavit and I think his parents have to sign an I-864A with him, am I right?

Also, his parent's income doesn't meet the requirements...for what I have a joint sponsor who does meet the requirements, so even though his parents don't meet the requirements is okay to sign the affidavit as a contract between the petitioner and the household member because he is not working and has no income? it doesn't matter if they don't meet the requirements because there is a joint sponsor, am I right? Thank you!

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

You are most definitely going to receive an RFE.

Your USC husband signs an I-864 regardless of his income and also provides information from his last 3 years tax returns. If he didn't file taxes but he was supposed to, he will need to file. If he didn't file but didn't have to, he needs to provide information as to why he didn't file a return.

If his parents do not meet the requirements having THEM sign paperwork is redundant. You stated they don't meet the requirements so they sign nothing. They are irrelevant unless they meet the requirements.

Your USC husband and a sponsor who DOES meet the requirements need to fill in paperwork. If the joint-sponsor lives with you they sign an I-864A, if they don't live with you they complete their own i-864.

In both cases, your husband and the joint-sponsor provide their last 3 years tax return information where the form indicates, but only need to include the most recent years return as evidence.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

AnnB Rookie

AnnB   0

Posted
Filed: Timeline
  • Author
Posted

You are most definitely going to receive an RFE.

Your USC husband signs an I-864 regardless of his income and also provides information from his last 3 years tax returns. If he didn't file taxes but he was supposed to, he will need to file. If he didn't file but didn't have to, he needs to provide information as to why he didn't file a return.

If his parents do not meet the requirements having THEM sign paperwork is redundant. You stated they don't meet the requirements so they sign nothing. They are irrelevant unless they meet the requirements.

Your USC husband and a sponsor who DOES meet the requirements need to fill in paperwork. If the joint-sponsor lives with you they sign an I-864A, if they don't live with you they complete their own i-864.

In both cases, your husband and the joint-sponsor provide their last 3 years tax return information where the form indicates, but only need to include the most recent years return as evidence.

I understand...Thank you...and no, the joint sponsor doesn't live with me...what I thought was that they sign a contract with my husband like that's his income because he is not working...

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
I understand...Thank you...and no, the joint sponsor doesn't live with me...what I thought was that they sign a contract with my husband like that's his income because he is not working...

No. They only do that if they live with you. Instead of completing a full I-864 they sign and I-864A and their income is listed in your HUSBANDS I-864. But because the don't live with you they complete and I-864 and so does your husband (even if his income is $0)

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

AnnB Rookie

AnnB   0

Posted
Filed: Timeline
  • Author
Posted

No. They only do that if they live with you. Instead of completing a full I-864 they sign and I-864A and their income is listed in your HUSBANDS I-864. But because the don't live with you they complete and I-864 and so does your husband (even if his income is $0)

I understand...who doesn't live with me is my joint sponsor who meets the affidavit requirements and he did sign an I-864...

my husband's parent live with me...but I'm waiting for a RFE but we made a mistake because my husband didn't sign the affidavit and they sign an I-864...and what I think is that they have to sign an I-864A and also my husband as a contract between them even though they don't meet the requirements, for their income to be listed in my husbands I-864 because he is their dependent. am I right?

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted
I understand...who doesn't live with me is my joint sponsor who meets the affidavit requirements and he did sign an I-864...

my husband's parent live with me...but I'm waiting for a RFE but we made a mistake because my husband didn't sign the affidavit and they sign an I-864...and what I think is that they have to sign an I-864A and also my husband as a contract between them even though they don't meet the requirements, for their income to be listed in my husbands I-864 because he is their dependent. am I right?

No.

Your HUSBAND is your sponsor. His family is IRRELEVANT. They do not sign ANYTHING. Your HUSBAND signs an I-864. Even if his income is $0.

You said his parents do not meet the requirements therefore they do not matter. Their income is not included AT ALL.

Your husband signs an I-864, and your joint-sponsor (the one that DOES meet the requirements) also signs their own I-864.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

 
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