I-864 first mother then husband...how does the co-sponsor applies?

[eliarreola2012 0]

I'll try to make this easy to understand and simplify it as much as possible. I am an American citizen applying trying to reunite with two family members in the U.S.:

I just amended my 2011 taxes and so now it shows that I made $20,000 it shows NO DEPENDENTS and that I filed married filing separately (because I got married in December 2011 and I have not lived with my husband more than 6 months).

First case Mother:

My Mexican mother: in her process we are already at the I-864 AOS, according to the form USCIS is treating me as if I have a family of 3. When you look at I-864 part 5 --> it counts me, my husband and the intending immigrant. Since $20,000 it is not enough for 3 people based on USCIS guidelines, my cousin will be the joint co-sponsor.

Second case Husband:

I just got married in December 2011 and my husband is in the Dominican Republic. As soon as I send the AOS for my mother I will send his application.

These are my questions:

*Since my cousin is applying to be the co-sponsor of my mother, are we both subject to be legally responsible for my mother?

*What happens in a few months when is my husband's turn for the I-864 AOS? Will I qualify by myself since my cousin is applying for my mother?

*My husband doesn't live with me nor am I financially responsible for him, so can I send a letter attached to the application in my mother's case saying that I am not financially responsible for my husband therefore he should not be counted as a dependent AND then:

Would that would make me QUALIFY as the only financial sponsor needed for my mother, so I can use my cousin for my husband's turn?

Thank you to all for sharing knowledge about this very stressing governmental experiences.

Cheers!

Elizabeth

Edited April 21, 2012 by eliarreola2012

[aaron2020 11,651]

I'll try to make this easy to understand and simplify it as much as possible. I am an American citizen applying trying to reunite with two family members in the U.S.:

I just amended my 2011 taxes and so now it shows that I made $20,000 it shows NO DEPENDENTS and that I filed married filing separately (because I got married in December 2011 and I have not lived with my husband more than 6 months).

You are paying more taxes than you need to. As long as you were married on Dec. 31, 2011, you and your husband could have filed jointly. By filing separately, you ended up paying more taxes than if you had filed jointly. There is no requirement that you lived with your husband for six months in choosing any filing, so I don't know why you mentioned that.

If your husband's income is low, you should go and amend your tax return and file jointly. You should obtain a ITIN for your foreign noncitizen nonresident husband. You would need to include his income.

First case Mother:

My Mexican mother: in her process we are already at the I-864 AOS, according to the form USCIS is treating me as if I have a family of 3. When you look at I-864 part 5 --> it counts me, my husband and the intending immigrant. Since $20,000 it is not enough for 3 people based on USCIS guidelines, my cousin will be the joint co-sponsor.

Does your cousin live with you? If yes, then he/she can file as a household member. Your cousin's income would be added to yours to meet the 125% poverty level.

If your cousin does not live with you, then he/she will be a Joint Sponsor. The JS must make enough to cover 125% of the poverty level for him/her, the spouse, the minor children, the intending immigrant, and any immigrant the JS has an I-864 obligation for.

]

Second case Husband:

I just got married in December 2011 and my husband is in the Dominican Republic. As soon as I send the AOS for my mother I will send his application.

These are my questions:

*Since my cousin is applying to be the co-sponsor of my mother, are we both subject to be legally responsible for my mother?

Yes. Both of you are responsible on the I-864 obligation for your mother. You sign one I-864. Your cousin signs a separate I-864. Two I-864s = two responsible people on the I-864 for your mother.

*What happens in a few months when is my husband's turn for the I-864 AOS? Will I qualify by myself since my cousin is applying for my mother?

No. You will not qualify by yourself to sponsor your husband.

You will have an I-864 obligation for your mother. Your husband is the intending immigrant. You. That's a household count of 3 for the I-864 for your husband. With $20,000, you do not make enough to qualify by yourself for a household count of 3.

You will need a household member or Joint Sponsor for your husband.

*My husband doesn't live with me nor am I financially responsible for him, so can I send a letter attached to the application in my mother's case saying that I am not financially responsible for my husband therefore he should not be counted as a dependent AND then:

Would that would make me QUALIFY as the only financial sponsor needed for my mother, so I can use my cousin for my husband's turn?

No. That will not work. You are responsible for your husband even if he doesn't live with you and gets no money from you. A husband and wife have a legal obligation to care for each other. You must count him no matter what.

A spouse is never a dependent. He is your partner in the marriage. All spouses are responsible for each other.

Thank you to all for sharing knowledge about this very stressing governmental experiences.

Cheers!

Elizabeth

Edited April 21, 2012 by aaron2020