Quick Question, I need help on 864

[ddking 0]

Recently, I received a letter requesting 864 be filled out for both my wife and myself. My brother is the original petitioner who filed I-130 for us which was approved long time ago. Now that we have I-485 pending and visas are near USCIS has requested few items before they could proceed any future.

Now my question is:

I have completed my 40 quarter hours so I would be filling out I-864W ( I will attach a copy of my SS Statement).

Now my wife will need a sponsorship and my brother does not make enough. My son (US citizen) has decided to give sponsorship to my wife.

My question is, does my brother need to fill out I-864 and have my son fill out I-864A (we all live in the same household) or just have my son fill out I-864A?

Please clarify.

Thank you

Edited October 24, 2012 by ddking

[aleful 1,905]

Recently, I received a letter requesting 864 be filled out for both my wife and myself. My brother is the original petitioner who filed I-130 for us which was approved long time ago. Now that we have I-485 pending and visas are near USCIS has requested few items before they could proceed any future.

Now my question is:

I have completed my 40 quarter hours so I would be filling out I-864W ( I will attach a copy of my SS Statement).

Now my wife will need a sponsorship and my brother does not make enough. My son (US citizen) has decided to give sponsorship to my wife.

My question is, does my brother need to fill out I-864 and have my son fill out I-864A (we all live in the same household) or just have my son fill out I-864A?

Please clarify.

nope, have you legally completed the 40 quarters, meaning all these years you wore legally here on some work visa? they do not count if you lived and word ilegally in the country

your brother will file a i864 for each of you as the petitioner and your son will file another i864 for each of you as the joint sponsor. even if they live in the same household, there is no direct relationship between them, such as spouse, parent, sibling, child, there is no birth or marriage certificate to show proof of relationship.

you should have sent the i864 in the adjustment of status packet, did you both send the i485A, the $1000 fine and you send proof that you are covered under the 245i law, meaning that you were in the US by Dec 21st, 2000? please explain what was sent

Thank you

[ddking 0]

Yes, I have legally completed work. My legal status was active due to asylum case. Since I-130 was approved my visas were current so we dropped the asylum case and requested that we adjust our status under I-130. So now we have I-485 pending since I am the beneficiary.

My SS statement shows record since 1991 since I've worked.

Yes. I-864 was send along with I-485 before in 2010. However visas regressed so we couldn't adjust so the judge decided to let USCIS handle our case. We were in proceeding before judge previously. Hope that helps.

[rhea and kolya 0]

To answer your question: "My question is, does my brother need to fill out I-864 and have my son fill out I-864A (we all live in the same household) or just have my son fill out I-864A?"

I believe that because your brother is the petitioner, he will need to file the i864.

In the instructions for i864 on the USCIS website, there is a clause that allows for additional relatives to be counted as household size and contribute their income/assets as long as they share a principle residence (which you'll likely need to submit supporting documents for).

[pushbrk 13,183]

To answer your question: "My question is, does my brother need to fill out I-864 and have my son fill out I-864A (we all live in the same household) or just have my son fill out I-864A?"

I believe that because your brother is the petitioner, he will need to file the i864.

In the instructions for i864 on the USCIS website, there is a clause that allows for additional relatives to be counted as household size and contribute their income/assets as long as they share a principle residence (which you'll likely need to submit supporting documents for).

If the son's income is sufficient without combining income, have petitioner and joint sponsor (his son) each file their own separate I-864 instead of using the son as a household member.

[Penguin_ie 5,997]

*** Moving from CR-1 spousal visa to AOS from Family visa as the brother is the petitioner ****

[ddking 0]

*** Moving from CR-1 spousal visa to AOS from Family visa as the brother is the petitioner ****

Just to avoid confusion with USCIS, my son will sponsor both me and my wife. Now who needs to fill out I-864?

Original Petitioner ( my brother who filed I-130 ) = fills I-864

And

Son Fills I-864 Not I-864A

is that correct?

Just for clarification when does someone fill out I-864A

Thank you

[Penguin_ie 5,997]

You are correct.

The I-864A is filled in when you combine income with a household member; usually that means with a dependant listed on tax returns (the dependant, such as wife or adult, working child would fill in I-864A).

[pushbrk 13,183]

Just to avoid confusion with USCIS, my son will sponsor both me and my wife. Now who needs to fill out I-864?

Original Petitioner ( my brother who filed I-130 ) = fills I-864

And

Son Fills I-864 Not I-864A

is that correct?

Just for clarification when does someone fill out I-864A

Thank you

You have the forms correct but if you qualify for the I-864W, your son is not sponsoring you. Nobody is sponsoring you. You are not counted in any household size.