switching from student to AOS after marrying spouse...

[Sam Fisher 0]

I need a joint sponsor [JS].

My father in law [FIL] last year made $24K while his wife made $15K for a total $39K. He is a US citizen claiming 2 kids on his tax returns for 2010 while she is a lawful permanent resident [LPR]. However, the kids don't live with him as at 2011.

Poverty Line required for a HouseHold [HH] of 5 [including myself] = $32,712.

They both filed for a combined tax return last year [2010].

Does this mean that my FIL's wife has to file for I-864A as well?

What if she [MIL] doesn't want to? Game over??

Any knowledgeable answer will be appreciated folks.

PS:

1. Should I just send the docs in and see?

2. i might have sent the same msg's to other's inbox, please help again if you can.

Thanks

[Zen Den 18]

I need a joint sponsor [JS].

My father in law [FIL] last year made $24K while his wife made $15K for a total $39K. He is a US citizen claiming 2 kids on his tax returns for 2010 while she is a lawful permanent resident [LPR]. However, the kids don't live with him as at 2011.

Poverty Line required for a HouseHold [HH] of 5 [including myself] = $32,712.

They both filed for a combined tax return last year [2010].

Does this mean that my FIL's wife has to file for I-864A as well?

What if she [MIL] doesn't want to? Game over??

Any knowledgeable answer will be appreciated folks.

PS:

1. Should I just send the docs in and see?

2. i might have sent the same msg's to other's inbox, please help again if you can.

Thanks

your filipina wife is your main sponsor and her parents are the ones who will use the 864A.

if the MIL doesn't want to and there are no other people willing to "joint-sponsor" with your wife, then plead with them(they're Filipino, they'll agree for the sake of their daughter) or wait til your wife can support you before filing for AOS (when does your F visa expire? how about asking for an extension?)

in any case, I wouldn't send my docs if I were you, if you know you don't meet the requirements

your wife should ask her parents asap and whatever their response, move from there. good luck =)

[ceadsearc 516]

Your FIL does not make enough to for his household size plus you alone, so yes, your MIL would need to file an I-864A to include her income. If she won't, USCIS is not going to accept his income and you will need to find another joint sponsor. There is no point in sending the documents anyway to see, because what will happen is you will get an RFE, and if you don't respond to it with a NEW joint sponsor in the time frame they give you, your case will be denied.

You need to either talk to your MIL to find out if she is willing, or find another joint sponsor BEFORE you file.

[JimVaPhuong 4,863]

your filipina wife is your main sponsor and her parents are the ones who will use the 864A.

if the MIL doesn't want to and there are no other people willing to "joint-sponsor" with your wife, then plead with them(they're Filipino, they'll agree for the sake of their daughter) or wait til your wife can support you before filing for AOS (when does your F visa expire? how about asking for an extension?)

in any case, I wouldn't send my docs if I were you, if you know you don't meet the requirements

your wife should ask her parents asap and whatever their response, move from there. good luck =)

A person can only sign an I-864A if they are a qualifying relative living in the same household as the sponsor they are joining income with, or the sponsor claimed them as a dependent on their tax return. If his wife doesn't live with her parents, and if she doesn't claim her parents as dependents on her tax return, then they aren't qualifying members of HER household, and they can't submit an I-864A to combine income with her.

On the other hand, pop can sign an I-864 as a joint sponsor, and mom can sign an I-864A to combine income with pop to help him qualify.

[Soapz 14]

I got this from the instructions from the I-864:

A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old, domiciled in the United States, or its territories or possessions, and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant..

It doesn't say anything about living in the same household, or claiming dependents. The USCIS homepage says:

Sponsor for Affidavit of Support

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

and this:

Joint Sponsor

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

Where does it say that:

A person can only sign an I-864A if they are a qualifying relative living in the same household as the sponsor they are joining income with, or the sponsor claimed them as a dependent on their tax return.

I'd really like to know as I am also using a joint sponsor that is not part of our household and it looks like USCIS has accepted the I-864A from her.

Thanks for any information on this

[ceadsearc 516]

You can have a joint sponsor. They need their own 864 just as your spouse does. The 864A is for members of the same household - ie if your joint sponsor lived with you they would file an 864A. Or if you had a joint sponsor who filed an 864 and they had a spouse whose income was going to be counted, the 864A would be used for the spouse.

If your joint sponsor doesn't live with you and they submitted ONLY an 864A, that was incorrect. If USCIS accepted it like that you either got lucky or you just haven't received an RFE yet (which can come as late as during or even after the interview).

[Soapz 14]

Got it. We filed two I-864. So I think we are in the clear.

So that means though that Sam's in-laws need to file an I-864A together, right?