Need help on Affidavit of Support

[Keyzme 0]

Hi! My AOS fee has just changed status from in-process to paid. As I have read from previous posts, there is no need to wait for any notification from NVC, and so I just downloaded 1-864. Now, filling this up confuses me. I am trying to see posts about AOS but I don't see any similar situation with mine.

I am staying home with my daughter since September 2011 because I don't have a babysitter. I've been filing income tax jointly with my husband. So in 2011 tax return, it still appears that I had income. This is my question, do I put $0.00 in my I-864 although it shows in our tax record that I have income for 2011? Because my income is not sufficient, and technically no income since October 2011, my husband have to prepare I-864A as co-sponsor or joint sponsor, right? I have also spoken to my uncle to help out with AOS. Does he have to use I-864 or I-864A? My uncle does not live with us, and he is also married but his wife is not working. His income for last year is around $100,000, I know this will be a great help for us since I am petitioning for two people (my parents). I am hoping for great responses. Thank you!

[JimVaPhuong 4,863]

Hi! My AOS fee has just changed status from in-process to paid. As I have read from previous posts, there is no need to wait for any notification from NVC, and so I just downloaded 1-864. Now, filling this up confuses me. I am trying to see posts about AOS but I don't see any similar situation with mine.

I am staying home with my daughter since September 2011 because I don't have a babysitter. I've been filing income tax jointly with my husband. So in 2011 tax return, it still appears that I had income. This is my question, do I put $0.00 in my I-864 although it shows in our tax record that I have income for 2011? Because my income is not sufficient, and technically no income since October 2011, my husband have to prepare I-864A as co-sponsor or joint sponsor, right? I have also spoken to my uncle to help out with AOS. Does he have to use I-864 or I-864A? My uncle does not live with us, and he is also married but his wife is not working. His income for last year is around $100,000, I know this will be a great help for us since I am petitioning for two people (my parents). I am hoping for great responses. Thank you!

First, if your husband's income is enough to qualify then you don't need a joint sponsor. If your husband's income is not enough to qualify then there's no point in having him fill out an I-864A. In other words, you either need an I-864A from your husband, or you need a joint sponsor, but you don't need both, and there would be no point in submitting both. You don't need a contract (I-864A) from a qualifying household member if it's not going to be enough to help you qualify. In that case, you need a joint sponsor.

Next, let's get the forms straight. The I-864 is the affidavit of support that's filled out by any sponsor, whether the primary sponsor (you) or a joint sponsor. The I-864A is not an affidavit of support. It's a contract between a sponsor and a qualifying household member where the household member is making their income available to help the sponsor qualify. Any sponsor, whether primary or joint, submits an I-864. Any sponsor, whether primary or joint, can have a qualified household member contribute income to help them qualify. That household member would submit an I-864A.

Ok, assuming your husband's income is enough to qualify, you enter zero on line 23 and line 24.a of the I-864. Your husband enters his income on line 10 of the I-864A. Whatever income he enters on line 10 you should also enter in section 24.b of the I-864, and total everything up on line 24.c of the I-864. The I-864 and I-864A are submitted together, along with supporting evidence.

YOU fill out part 2, section 13 of the I-864A, and YOU sign on part 2, line 14. Your husband fills out the rest of the I-864A. The reason you both have to sign the I-864A is because it's a contract between you and your husband, and not between your husband and the government.

If your husband's income is not enough to qualify then forget the I-864A. You enter zero on line 23 of your I-864, and get an I-864 and supporting evidence from your joint sponsor.

[Keyzme 0]

First, if your husband's income is enough to qualify then you don't need a joint sponsor. If your husband's income is not enough to qualify then there's no point in having him fill out an I-864A. In other words, you either need an I-864A from your husband, or you need a joint sponsor, but you don't need both, and there would be no point in submitting both. You don't need a contract (I-864A) from a qualifying household member if it's not going to be enough to help you qualify. In that case, you need a joint sponsor.

Next, let's get the forms straight. The I-864 is the affidavit of support that's filled out by any sponsor, whether the primary sponsor (you) or a joint sponsor. The I-864A is not an affidavit of support. It's a contract between a sponsor and a qualifying household member where the household member is making their income available to help the sponsor qualify. Any sponsor, whether primary or joint, submits an I-864. Any sponsor, whether primary or joint, can have a qualified household member contribute income to help them qualify. That household member would submit an I-864A.

Ok, assuming your husband's income is enough to qualify, you enter zero on line 23 and line 24.a of the I-864. Your husband enters his income on line 10 of the I-864A. Whatever income he enters on line 10 you should also enter in section 24.b of the I-864, and total everything up on line 24.c of the I-864. The I-864 and I-864A are submitted together, along with supporting evidence.

YOU fill out part 2, section 13 of the I-864A, and YOU sign on part 2, line 14. Your husband fills out the rest of the I-864A. The reason you both have to sign the I-864A is because it's a contract between you and your husband, and not between your husband and the government.

If your husband's income is not enough to qualify then forget the I-864A. You enter zero on line 23 of your I-864, and get an I-864 and supporting evidence from your joint sponsor.

Wow! Thank u so much for enlightening me. This is a very useful information however, I've seen a post of a petitioner with a sufficient income, but a US consulate required her to provide an I-864A from the husband during the interview of her parents (immigrating individuals). Someone commented that sometimes this is just to establish that the husband is aware of the matter. I know every situations are different, but if there is no major issue to have my husband preparing an I-864A, don't u think it's just fine to have him sign one? I also read in a different post that if there is a joint sponsor, it is also nice to have the spouse sign an I-864A. I am new to this matter, so every information I get is very helpful again, thank you so much

[JimVaPhuong 4,863]

Wow! Thank u so much for enlightening me. This is a very useful information however, I've seen a post of a petitioner with a sufficient income, but a US consulate required her to provide an I-864A from the husband during the interview of her parents (immigrating individuals). Someone commented that sometimes this is just to establish that the husband is aware of the matter. I know every situations are different, but if there is no major issue to have my husband preparing an I-864A, don't u think it's just fine to have him sign one? I also read in a different post that if there is a joint sponsor, it is also nice to have the spouse sign an I-864A. I am new to this matter, so every information I get is very helpful again, thank you so much

There is nothing in the immigration law, the Adjudicators Field Manual, or the Foreign Affairs Manual that instructs immigration officers to require an I-864A just so "the husband is aware of the matter". Even so, I've also read some posts like you described where people were told to get an I-864A from their spouse. My suspicion is that there was more to the matter than their posts revealed. For example, if they filed a joint tax return then it may not have been clear from the evidence submitted which income belonged to which spouse. An I-864A would allow them to consider ALL of the income on the joint tax return without having to determine who earned what. In other words, it makes the IO's job easier.

In any case, my previous statement is still 100% valid. If you qualify after adding your husband's income then you don't need a joint sponsor. If you don't qualify after adding your husband's income then there's no point in having him sign an I-864A. They're still going to consider your I-864 insufficient, and they're still going to require a joint sponsor. It just doesn't make much sense to bend over backward to prove you don't qualify when you can just enter zero on your I-864, openly ADMIT that you don't qualify, and provide a joint sponsor.

[MyLittlePony 340]

There is nothing in the immigration law, the Adjudicators Field Manual, or the Foreign Affairs Manual that instructs immigration officers to require an I-864A just so "the husband is aware of the matter". Even so, I've also read some posts like you described where people were told to get an I-864A from their spouse. My suspicion is that there was more to the matter than their posts revealed. For example, if they filed a joint tax return then it may not have been clear from the evidence submitted which income belonged to which spouse. An I-864A would allow them to consider ALL of the income on the joint tax return without having to determine who earned what. In other words, it makes the IO's job easier.

In any case, my previous statement is still 100% valid. If you qualify after adding your husband's income then you don't need a joint sponsor. If you don't qualify after adding your husband's income then there's no point in having him sign an I-864A. They're still going to consider your I-864 insufficient, and they're still going to require a joint sponsor. It just doesn't make much sense to bend over backward to prove you don't qualify when you can just enter zero on your I-864, openly ADMIT that you don't qualify, and provide a joint sponsor.

Did you have to fill up page 7 or the assets page even though you met income requirements? Thanks