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Filed: Timeline
Posted

I am a US citizen married to a Canadian woman. I am currently unemployed and staying with her in Canada. We are about to begin the immigration process for her to immigrate to the United States. When we move we will be living with my parents in California so their income will be what we will be using for the affidavit of support. Am I correct that they would be the ones to fill out the I-864 and that I would need to fill out the I-864A? My father is filling out the I-864 as the head of the household and my mother and I are filling out an I-864A each as household members. Is that correct? This is all very confusing to me as our situation is rather complicated. Any help would be great and thank you so much in advance.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I am a US citizen married to a Canadian woman. I am currently unemployed and staying with her in Canada. We are about to begin the immigration process for her to immigrate to the United States. When we move we will be living with my parents in California so their income will be what we will be using for the affidavit of support. Am I correct that they would be the ones to fill out the I-864 and that I would need to fill out the I-864A? My father is filling out the I-864 as the head of the household and my mother and I are filling out an I-864A each as household members. Is that correct? This is all very confusing to me as our situation is rather complicated. Any help would be great and thank you so much in advance.

No. The I-864A is a contract from a household member promising to make their income available to a sponsor to help them support an immigrant. Signing an I-864A is sort of like getting second in line behind the sponsor in providing a guarantee to the government that the immigrant won't collect means tested benefits.

You are the petitioner, and therefore the primary sponsor. You cannot get second in line behind your father. You must submit an I-864. However, you father could sign an I-864A on your behalf to help you qualify. He could also sign an I-864 as a joint (second) sponsor.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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