Confuse on form I-864!!

[cmlokh 2]

HI vjs!

my wife is the petitioner but she is still a student so her parents are going to sponsor us.

my question is ;does my wife have to fill i-864 form and her mom i-864a form, and her dad i-864a form. is that right ?

THANKS.

Note: they are all living at same house. My wife - her parents - one brother.

[kelnjohn 3]

Hi Simo-Courtney, certainly my understanding is best explained by the USCIS website itself, if your wife/spouse does not meet financial requirement,you still must complete the I-864 form, my thinking is based on the following text:

Under U.S. law, every person who immigrates based on a relative petition must have a financial sponsor. If you choose to sponsor your relatives immigration by filing a Form I-130, Petition for Alien Relative, you must agree to be the financial sponsor and file an affidavit of support when the time comes for actual immigration. If you do not meet the financial qualifications at that time, you still must file a Form I-864, Affidavit of Support, and accept responsibility, but you and your relative also must find other individuals who meet the requirements and are willing to make this commitment by filing affidavits of support

The text was sourced from http://www.uscis.gov/USCIS/Resources/F3en.pdf

Hope this is helpful.

Goodluck

Kelli & John

Edited August 9, 2012 by kelnjohn

[cmlokh 2]

Hi Simo-Courtney, certainly my understanding is best explained by the USCIS website itself, if your wife/spouse does not meet financial requirement,you still must complete the I-864 form, my thinking is based on the following text:

Under U.S. law, every person who immigrates based on a relative petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a Form I-130, Petition for Alien Relative, you must agree to be the financial sponsor and file an affidavit of support when the time comes for actual immigration. If you do not meet the financial qualifications at that time, you still must file a Form I-864, Affidavit of Support, and accept responsibility, but you and your relative also must find other individuals who meet the requirements and are willing to make this commitment by filing affidavits of support

The text was sourced from http://www.uscis.gov/USCIS/Resources/F3en.pdf

Hope this is helpful.

Goodluck

Kelli & John

yes i know she have to fill out i-864 form even if she doesn have income but we are confused about her parents what should they fill out exactly ?

Thank you.

[syeda1120 0]

My father co-sponsored with me and he filled out I-864 and checked the box that say he is the only co-sponsor. If both parents are part of the same household and only one of their income meets the guideline and that should be fine. We had a lawyer look at out paperwork for AOS before sending it and he said since both my parents are part of the household and my dad's income more more than enough then only one co-sponsor is ok.

[kelnjohn 3]

yes i know she have to fill out i-864 form even if she doesn have income but we are confused about her parents what should they fill out exactly ?

Thank you.

The USCIS want to know that you can be adequately financed, if your mother in law can ADEQUATELY offer this financial support then only one form need be completed, if your in-laws own seperate property/bank accounts/etc then having your father AND mother in law complete the I-864A forms can do nothing but fuel the fact that they are more than financially equipped to offer your financial support. I phoned our consulate with a similar question, and this was the response I received.

Edited August 9, 2012 by kelnjohn

[pushbrk 12,883]

HI vjs!

my wife is the petitioner but she is still a student so her parents are going to sponsor us.

my question is ;does my wife have to fill i-864 form and her mom i-864a form, and her dad i-864a form. is that right ?

THANKS.

Note: they are all living at same house. My wife - her parents - one brother.

Mom provides an I-864 and Dad the I-864a. Mom and Dad are combining income. Your wife is not.

[cmlokh 2]

Mom provides an I-864 and Dad the I-864a. Mom and Dad are combining income. Your wife is not.

we called nvc and one lady told us my wife have to fill i-864 and her dad and mom i-864a. we are confused!

Thank you.

[pushbrk 12,883]

we called nvc and one lady told us my wife have to fill i-864 and her dad and mom i-864a. we are confused!

Thank you.

That would only be correct if the three of them need to combine income to qualify. If Mom and Dad together qualify, do as I indicated. The only way for the qualified sponsor to accurately declare their household size is on an I-864 of their own, separate from that of the petitioner. NVC operators don't always make sure they understand the circumstances before answering questions.

[Love is Magic 5]

We just went through this a year ago...my wife, the petitioner lives with her parents (as we both do now)...my wife is my sponsor so she filled out the I864 even though she had no income, but she is the primary sponsor, then her parents both filled out the I 864a as the co sponsors. They both work, file joint taxes, but had to fill out individual forms for co sponsor, since we needed both their income total. That worked for us just about a year ago. Hope this helps.

[pushbrk 12,883]

We just went through this a year ago...my wife, the petitioner lives with her parents (as we both do now)...my wife is my sponsor so she filled out the I864 even though she had no income, but she is the primary sponsor, then her parents both filled out the I 864a as the co sponsors. They both work, file joint taxes, but had to fill out individual forms for co sponsor, since we needed both their income total. That worked for us just about a year ago. Hope this helps.

It can work that way. However, it's best the chief income earning joint sponsor fills out their own I-864. No need to combine income or count the petitioner unless they are actually a dependent.

[Ryan H 3,812]

The USCIS want to know that you can be adequately financed,

USCIS does not make the call on acceptance or rejection Affidavit of Support in spousal visa cases, a CO at the Embassy or Consulate makes that call.

[kelnjohn 3]

USCIS does not make the call on acceptance or rejection Affidavit of Support in spousal visa cases, a CO at the Embassy or Consulate makes that call.

fair enough?

[kelnjohn 3]

USCIS does not make the call on acceptance or rejection Affidavit of Support in spousal visa cases, a CO at the Embassy or Consulate makes that call.

The American Consulate in Auckland advised me that although decisions maybe made by the Embassy or consulate, they uphold the rules, policies and requirements, set in place by the USCIS which was the only point I was making, when I said that the United States Citizenship & Immigration Service are wanting to insure that sponsored parties can be adequately supported, I guess I should have added, 'which the consulate / immigration dept will establish with documents you supply'

post script:

USCIS stands for U.S. Citizenship and Immigration Services. This is the governing body which regulates the immigration issues and takes care of the naturalization process.

USCIS is the official government agency that handles applications and petitions for immigration benefit. Under the Department of Homeland Security, USCIS inherited a large portion of the functions from the INS (Immigration and Naturalization Service), which ceased to exist on March 1, 2003.

Edited August 10, 2012 by kelnjohn

[pushbrk 12,883]

The American Consulate in Auckland advised me that although decisions maybe made by the Embassy or consulate, they uphold the rules, policies and requirements, set in place by the USCIS which was the only point I was making, when I said that the United States Citizenship & Immigration Service are wanting to insure that sponsored parties can be adequately supported, I guess I should have added, 'which the consulate / immigration dept will establish with documents you supply'

post script:

USCIS stands for U.S. Citizenship and Immigration Services. This is the governing body which regulates the immigration issues and takes care of the naturalization process.

USCIS is the official government agency that handles applications and petitions for immigration benefit. Under the Department of Homeland Security, USCIS inherited a large portion of the functions from the INS (Immigration and Naturalization Service), which ceased to exist on March 1, 2003.

There's really no need to defend your statement by restating what you "meant". What got corrected was what you wrote, because it was incorrect. USCIS doesn't "want to know" ANYTHING about finances in a visa process, because they don't issue visas. It's important for folks to understand which agency of the government they are dealing with at any given time.

[kelnjohn 3]

There's really no need to defend your statement by restating what you "meant". What got corrected was what you wrote, because it was incorrect. USCIS doesn't "want to know" ANYTHING about finances in a visa process, because they don't issue visas. It's important for folks to understand which agency of the government they are dealing with at any given time.

It was really a side issue anyway, the question was posed ' do both of my in-laws fill out I-864A forms ' which i correctly answered, my statement about the WHY "they" (whomever they maybe) want to know you can be supported was somewhat irrelevant, as it was not what simo-courtney even asked for help with, which is why I guess I am confused by the fact that THAT part of my statement was even objected to, since all my information was sourced directly from:

http://newzealand.usembassy.gov/american_citizen.html

and http://www.uscis.gov/portal/site/uscis

in a cut and paste fashion, thus could not be deemed to be incorrect, however possibly misplaced.

Although I do not proclaim myself to be a great authority on Immigration laws and practices, and I have only gone through this petitioning process twice in my lifetime, experience and the horses mouth, is how I sourced the information I quoted. None of it was guess work. I literally cut & paste. Anyway, I assume visajourney.com moderators allow people to agree to disagree, and believe we are at that juncture, this site from my view at least, welcomes opinions, advice, & peoples own experience, to guide others, which is what I offered, and people seeking guidance / understanding should take all advice on face value.

I joined this community for support, and to offer support, to participate in debates, did not factor into my decision, so I will cease responding on this issue now.

Cheers

Edited August 10, 2012 by kelnjohn