Which I-864 is the right one for me?

[Griselita 0]

I was talking with my future's possible sponsor when i notice in several parts some requirement that must be met that contradicts what i have read before...

My father who filed the 1-130 for me is an old man, and have difficulties filling the 1-864, their childrens are away and would take time he to find someone to help since he doesn't want to reveal his financial info to unknowns.... his daughter (my sister) born in United States could be my sponsor, and now i want to know which !-864 she must use, i read before that the right one for me is the 1-864EZ, but after i printed out that form in the first page of the instructions says:

since it says "If ALL"

then i assume that is not the right one because;

She was not who filed the I-130

[Penguin_ie 5,993]

You are correct. If there is a co-sponsor- ie your sister-, that person must use the I-864, not the I-864EZ.

[Griselita 0]

even when she is the only one filling the AOS? i ask that because you mention "co-sponsor" i mean, anybody who is not the petitioner is a co-sponsor?

[Penguin_ie 5,993]

The petitioner is always the primary sponsor, and always must fill out the I-864 (or I-864Ez if appropriate). If the petitioner doesn't make enough income, they can have a co-sponsor.

[Jojo92122 1,924]

even when she is the only one filling the AOS? i ask that because you mention "co-sponsor" i mean, anybody who is not the petitioner is a co-sponsor?

There is no such thing as a "co-sponsor" for the I-864, I-864EZ or I-864a (Read the forms and you will see that the term co-sponsor is never used). A person is either a sponsor, joint sponsor, or a household member. Co-sponsor is often used incorrectly to identify a joint sponsor or household member.

Your father as the petitioner is your sponsor. He must file an I-864 or I-864EZ. If he does not file an I-864 or I-864EZ, then you will not be eligible to get a visa.

Your sister can be either your joint sponsor or your father's household member. If your sister does not live with your father, she can file either the I-864 as a joint sponsor. If she lives with your father, she would file as a household member using the I-864a. Your sister cannot file an I-864EZ since she does not meet the first requirement.

Filing Form I-864 is not any different from Form I-864EZ. Your sister can omit using her assets on the I-864. She can use the I-864 and rely solely on her W-2s.

[Griselita 0]

Woa! Fortunately my sister did not called me today i was about to commit a probably very painful (in time)mistake!

Then.. here the petitioner must be obligatory the sponsor?

A very big confusion I had! And a very big problem I have now!

This is my situation; my father could met the 864 requirements ($) but he does not know how to use computers he is alone, he can even write due Parkinson…

My sister can, but she lives in the other extreme of United States and since she cant be the only sponsor (I mean there can not be a sponsor without the petitioner being the first sponsor.. uff)…

Let’s see the options, if I get my father file the 864, which one must he file?

In case (now I don’t know) I need someone else to join the club, since my sister is not living wit him.. which 864 must she file with my father?

Sorry for all the question, is just this has turned very complicated for me.

[Griselita 0]

and i think that maybe my whole misunderstanding came from this:

"The petitioner/sponsor....."

a combination of words that can be found in the whole NVC site,

i did interpret that as "The petitioner OR the sponsor"

what they wanted to say is "The petitioner and the sponsor in case there is someone additional to the petitioner"

[aleful 1,905]

Woa! Fortunately my sister did not called me today i was about to commit a probably very painful (in time)mistake!

Then.. here the petitioner must be obligatory the sponsor?

A very big confusion I had! And a very big problem I have now!

This is my situation; my father could met the 864 requirements ($) but he does not know how to use computers he is alone, he can even write due Parkinson…

My sister can, but she lives in the other extreme of United States and since she cant be the only sponsor (I mean there can not be a sponsor without the petitioner being the first sponsor.. uff)…

Let’s see the options, if I get my father file the 864, which one must he file?

In case (now I don’t know) I need someone else to join the club, since my sister is not living wit him.. which 864 must she file with my father?

Sorry for all the question, is just this has turned very complicated for me.

the petitioner is always the primary sponsor, the petition must show that the benificiary once in the country, will not become a public charge.

the petitioner will file a i864. if the petiton doesn't meet the requirements of, he or she can have a one or two joint sponsors.

your sister would be the joint sponsor and file another i864.

[Griselita 0]

the petitioner is always the primary sponsor, the petition must show that the benificiary once in the country, will not become a public charge.

the petitioner will file a i864. if the petiton doesn't meet the requirements of, he or she can have a one or two joint sponsors.

your sister would be the joint sponsor and file another i864.

[/quote

i also thought that my father file an i864 then my sister an i864a, Ok, so my father MUST file an i864 and in case i need someone else, mi sister can file another i864 additional to the one my father file.. ok, i got it....

now this is what i have planed to do, since my father can neither type nor write, my sister know all his financial info, she fills the form for him and send it by mail to my father to sign it, and send it back to her to check everything is right...

but now another question... since the first sponsor must be the petitioner, must the i864 be sent necessarily from the petitioner address?

[Jojo92122 1,924]

the petitioner is always the primary sponsor, the petition must show that the benificiary once in the country, will not become a public charge.

the petitioner will file a i864. if the petiton doesn't meet the requirements of, he or she can have a one or two joint sponsors.

your sister would be the joint sponsor and file another i864.

i also thought that my father file an i864 then my sister an i864a, Ok, so my father MUST file an i864 and in case i need someone else, mi sister can file another i864 additional to the one my father file.. ok, i got it....

now this is what i have planed to do, since my father can neither type nor write, my sister know all his financial info, she fills the form for him and send it by mail to my father to sign it, and send it back to her to check everything is right...

but now another question... since the first sponsor must be the petitioner, must the i864 be sent necessarily from the petitioner address?

It doesn't matter where the petitioner/sponsor sends the I-864 from. What is important is what he list as his permanent address on the I-864. Your father can mail the I-864 from New York or California or outside the US. The requirement is that he MUST have a US domicile in order for you to qualify for a visa. What will he list on the I-864 as his permanent legal address where he reside? Is your father living outside the US? Is this why you are concern?

[Griselita 0]

It doesn't matter where the petitioner/sponsor sends the I-864 from. What is important is what he list as his permanent address on the I-864. Your father can mail the I-864 from New York or California or outside the US. The requirement is that he MUST have a US domicile in order for you to qualify for a visa. What will he list on the I-864 as his permanent legal address where he reside? Is your father living outside the US? Is this why you are concern?

Ok thats good to hear that.., yes he is living in United States (continental)

im concern because it will require time for him to complete the i864 since it is very difficult for him to do it alone (he is almost 90yo) because he can barely write. so as i mentioned before i think the solution will be my sister to complete the i864 and send it to him by mail so he can sign it.

[Griselita 0]

Im kind of clear on this, but im still curious to know which are the differences between i-864 and i-864ez

[JoannaV 174]

Your father filed the I-130 for you. You are the only person listed on that I-130. Is your father relying solely on his pension to sponsor you? If yes then he can use the I-864EZ. If he is using other income or savings then he has to use the I-864.

[Griselita 0]

Your father filed the I-130 for you. You are the only person listed on that I-130. Is your father relying solely on his pension to sponsor you? If yes then he can use the I-864EZ. If he is using other income or savings then he has to use the I-864.

yes, that is my situation!

But, in case my father income doesn't met the minimum and i need the joint sponsor, that one would be my sister, then must my father continue with the i-864ez and my sister must complete fill an i-864 am i right?

[JoannaV 174]

yes, that is my situation!

But, in case my father income doesn't met the minimum and i need the joint sponsor, that one would be my sister, then must my father continue with the i-864ez and my sister must complete fill an i-864 am i right?

Indeed, a joint sponsor cannot use the I-864EZ. Your father is the petitioning sponsor, whilst your sister is the joint sponsor. My reading of all the instructions and terminology would indicate that your father can indeed use the I-864EZ, whilst your sister must complete the I-864.