I-864 Help

[fatcheeks 0]

Hello,

My husband came on k-1 Fiance Visa (we just got married last week). And I am a student, no job or assets what so ever. I was planning on my mom to be the sponsor who easily meet the financial requirements. We all live in the same house till I graduate, my husband gets a job and we move out.

My questions are

1) For part 1, Basis for filing Affidavit of Support, I do not qualify for any of the boxes a - f. In the instructions it was very specific, no option for people who filed a I-129F petition. Or am i supposed to check box a?

2) Am I supposed to fill out the initial I-864 form even though I have no income? And my mom fills out form I-864 A? Or do my mom and I both fill out form I-864?

[Inky 1,111]

Hello,

My husband came on k-1 Fiance Visa (we just got married last week). And I am a student, no job or assets what so ever. I was planning on my mom to be the sponsor who easily meet the financial requirements. We all live in the same house till I graduate, my husband gets a job and we move out.

My questions are

1) For part 1, Basis for filing Affidavit of Support, I do not qualify for any of the boxes a - f. In the instructions it was very specific, no option for people who filed a I-129F petition. Or am i supposed to check box a?

See the example form for help filling out the form http://www.visajourney.com/examples/INS-Form-I-864.pdf

2) Am I supposed to fill out the initial I-864 form even though I have no income? And my mom fills out form I-864 A? Or do my mom and I both fill out form I-864?

You are required to fill out the form. You are the sponsor of the immigrant.

[KayDeeCee 4,895]

Hello,

My husband came on k-1 Fiance Visa (we just got married last week). And I am a student, no job or assets what so ever. I was planning on my mom to be the sponsor who easily meet the financial requirements. We all live in the same house till I graduate, my husband gets a job and we move out.

My questions are

1) For part 1, Basis for filing Affidavit of Support, I do not qualify for any of the boxes a - f. In the instructions it was very specific, no option for people who filed a I-129F petition. Or am i supposed to check box a?

2) Am I supposed to fill out the initial I-864 form even though I have no income? And my mom fills out form I-864 A? Or do my mom and I both fill out form I-864?

The I-864A is used when combining incomes to meet the 125% requirement. Since you have no income to combine with your mother's, then your mother should fill out her own I-864. She needs to have enough income to cover her own household size plus your husband. If she claimed you as a dependent on her taxes, then you are also counted in her household size. If she did not claim you on her taxes, then you are not counted.

You need to fill out your own I-864 too, as you were the petitioner and are the primary sponsor. You do qualify for one of the options in Part 1. That would be 'a. I am the petitioner. I filed or am filing for the immigration of my relative.'

[grrrrreat 109]

Hello,

My husband came on k-1 Fiance Visa (we just got married last week). And I am a student, no job or assets what so ever. I was planning on my mom to be the sponsor who easily meet the financial requirements. We all live in the same house till I graduate, my husband gets a job and we move out.

My questions are

1) For part 1, Basis for filing Affidavit of Support, I do not qualify for any of the boxes a - f. In the instructions it was very specific, no option for people who filed a I-129F petition. Or am i supposed to check box a?

2) Am I supposed to fill out the initial I-864 form even though I have no income? And my mom fills out form I-864 A? Or do my mom and I both fill out form I-864?

1. Box a is correct because you filed a petition for an alien relative.

2. You have to fill out an I-864 that reports no income. Your mom has to fill out a separate I-864. Your mom could fill out I-864A, which would combine her income with yours, since you are relatives and live in the same household. However, because you have no income it doesn't make sense to combine her income with yours.

Instead, she should fill out her own I-864. She needs to meet the guidelines for herself, your husband, her spouse, and anyone else she claims as a dependent on her tax forms. She doesn't need to include you as part of her household on I-864 unless she claims you as a dependent. This makes it slightly easier for her to qualify as a sponsor. She checks box d on Q1.

Edited June 7, 2012 by grrrrreat