I-864 will it affect our sponsor?

[mithun_san 0]

Hi all!

My wife is a US citizen and she will apply for CR1 for me. We both are in India and have 3 years tax returns from India. My wife and I are both settled here... Hence my wife is not a domicile of US currently... She doesnt have a property there, she hasnt paid taxes since she came back in 2008, she hasnt been able to maintain any bank accounts as well. Hence we will be asking her brother for the i-864 affidavit of support. I needed to know will it affect her brother's credibility if he provides this affidavit of support? I have read online that we are his responsibility for 10 years or until we become citizen or we leave the country. How does it affect him as a resident of US. He owns a Green Card at the moment. We both would soon be employed and wont actually be a liability on him. We really dont want to bother him much, once in US can we not revoke the support from him or something?

Thanks in advance... really lookin fwd to your response!

Any input is really appreciated..

Regards..

[Penguin_ie 5,996]

Your wife needs to file US taxes, even if she does not live there. She will need to back-file for at last the last three years, even if you have a co-sponsor.

There is no way to revoke/ withdraw the I-864. He will be responsible under it until one of the following happens:

- you become a citizen (can be as little as three years)

= You work 40 quarters (ten years if always in employment)

- you die

- you leave the US permanently and hand back greencard

However, he is not totally responsible for you- he will not have to pay if you have a debt to a furniture store or whatever. He is just responsible if you fall on hard times and get means tested government assistance. The government will then seek pay-back first from the primary sponsor, your wife, and if they cannot get it there from the co-sponsor.

[mithun_san 0]

Thanks for your response penguin

Will there be 2 separate forms for my wife(Sponsor) and brother-in-law(Co-sponsor

From what I read on the I-864 instruction guide, it states -

"Complete Form I-864 when it is mailed to you from the National Visa Center (NVC). Different instructions apply to some cases so follow the instructions provided by the National Visa Center for your particular case. The instructions on

when and where to submit Form I-864 are included in the information packet that is mailed to you with Form I-864. Form I-864 and all accompanying documentation must be submitted to the government within one year of when you sign

Form I-864."

What I need to know here is that when my wife applies for I-130, where are we to provide the joint sponsor's details?

In the "Address in the US" section we have put my brother-in-law's address. Are we to provide his number as well? Petitioner is my wife hence will be signed by her. Phone Number of petitioner - obviously should be her no. which is an Indian no. Am I correct?

Who will receive the I=864 her or her brother? Will we be making two copies of the form we receive or will we get two forms from the NVC?

I know we are asking a lot of questions here... Sorry for the trouble and really appreciate your efforts and time in responding to us...

Thanks!

Mithun Talreja (+91-9930063641)

Sanchita Majumdar (Wife) - (+91-9820990119)

[seema45 0]

Follow these steps:

1) First let your wife (US citizen) file the I-130 petition - DCF (Direct Consular Filing) for your situation. --- At this stage don't worry about I-864 (Affidavit of Support)

2) Step 2: Get an approval after DCF.

3) Step 3 - You will get an instruction to provide the I-864 AOS. Your wife (US citizen) need to fill-up the form. In addition to that your brother-in-law need to complete the I-864. Since your wife (the petitioner) need to submit these

documents by following the instructions. Your wife will be collecting the completed I-864 from her brother and as part of submission, she will include that document. Also, your wife (US citizen) need to provide documentation for domicile. (see type of documents that your wife can include as part of I-864).. Read the I-864 instructions...

4) You need to attend Medical exam and complete vaccinations specified by US consulate (follow the instructions received for appt to doctor). Also, you have to obtain PCC from Local Passport Agency (follow the instructions received).

5) Submit documents to local VFS office 7 to 8 business days ahead of your immigration visa interview date.

Joint support details will come only as part of Affidavit of support, not in the initial stages of filing (I-130).

Thanks for your response penguin

Will there be 2 separate forms for my wife(Sponsor) and brother-in-law(Co-sponsor

From what I read on the I-864 instruction guide, it states -

"Complete Form I-864 when it is mailed to you from the National Visa Center (NVC). Different instructions apply to some cases so follow the instructions provided by the National Visa Center for your particular case. The instructions on

when and where to submit Form I-864 are included in the information packet that is mailed to you with Form I-864. Form I-864 and all accompanying documentation must be submitted to the government within one year of when you sign

Form I-864."

What I need to know here is that when my wife applies for I-130, where are we to provide the joint sponsor's details?

In the "Address in the US" section we have put my brother-in-law's address. Are we to provide his number as well? Petitioner is my wife hence will be signed by her. Phone Number of petitioner - obviously should be her no. which is an Indian no. Am I correct?

Who will receive the I=864 her or her brother? Will we be making two copies of the form we receive or will we get two forms from the NVC?

I know we are asking a lot of questions here... Sorry for the trouble and really appreciate your efforts and time in responding to us...

Thanks!

Mithun Talreja (+91-9930063641)

Sanchita Majumdar (Wife) - (+91-9820990119)