AOS confused which forms to choose

[KayEss 4]

Hi All,

My wife in US filed my case and I am the main applicant. My wife is not working and my brother in law is sponsoring me. We got an email from NVC to download the appropriate forms and then mail / email them by scanning them. now we are bit confused when we look at

http://travel.state.gov/visa/immigrants/info/info_3197.html

it has last 2 sections that falls in my case but not sure which one to follow.

first section is

1- All three of the following are true:

You filed a Form I-130 petition, for your relative

The there is only one applicant on the Form I-130 petition, and

All your qualifying income comes from a salary or pension and shows on one or more W-2 Forms that you receive

2- If none of the above apply

---Complete an I-864 (and possibly an I-864A) on your computer using CAPITAL letters.

Any idea.

Also as my brother in law is the sponsor, do my wife has to fill up one as well?

Please suggest. Any further information will be helpful.

Thanks.

[carpediem2006 0]

Are your wife and brother in law living in the same household? If this is the case, your wife will fill out I-864 (regardless of lack of income) and your brother in law I-864a and he will be your wife's co-sponsor.

If they do NOT live in the same household, your wife will still fill out I-864, and then your brother in law will ALSO fill out I-864 as a Joint Sponsor.

[KayEss 4]

Are your wife and brother in law living in the same household? If this is the case, your wife will fill out I-864 (regardless of lack of income) and your brother in law I-864a and he will be your wife's co-sponsor.

If they do NOT live in the same household, your wife will still fill out I-864, and then your brother in law will ALSO fill out I-864 as a Joint Sponsor.

Thanks carpediem,

They dont live in same house hold so they both should fill out I-864. Does it matter in my case if my wife is showing no income and my brother in law is supporting me. In other words, can they ask me why is he sponsoring me etc?

regards,

[JoannaV 174]

It doesn't matter that your wife's form will show no income :-)

I'm pretty sure your wife does not qualify to complete I-864EZ, as she does not have income and so will be ticking the "unemployed" option on the I-864.

Edited June 24, 2011 by JoannaV

[pushbrk 12,898]

Are your wife and brother in law living in the same household? If this is the case, your wife will fill out I-864 (regardless of lack of income) and your brother in law I-864a and he will be your wife's co-sponsor.

If they do NOT live in the same household, your wife will still fill out I-864, and then your brother in law will ALSO fill out I-864 as a Joint Sponsor.

They would both provide I-864 forms whether they live in the same house or not. The I-864a is used only by non head of household family members when combining income to qualify. This brother is the head of his own household, by virtue of the fact he's the one with the qualifying income, REGARDLESS of whether he lives at the same address as the petitioner.

Edited June 24, 2011 by pushbrk

[KayEss 4]

They would both provide I-864 forms whether they live in the same house or not. The I-864a is used only by non head of household family members when combining income to qualify. This brother is the head of his own household, by virtue of the fact he's the one with the qualifying income, REGARDLESS of whether he lives at the same address as the petitioner.

thanks every one. just one last thing to get this out of the way..

does my wife and brother in law have to send i864 in separate mails to NVC or they can put it together and send in one mail.

I think they should send it in same envelope but we are not sure about it. any suggestion.

[pushbrk 12,898]

thanks every one. just one last thing to get this out of the way..

does my wife and brother in law have to send i864 in separate mails to NVC or they can put it together and send in one mail.

I think they should send it in same envelope but we are not sure about it. any suggestion.

Together would be best.