Questions about Sponsor and Join Sponsor

[California2005 0]

Hi everybody,

I am going to have AOS interviews in next 2 weeks. I feel very stress and uncomfortable about I-864 form ( still confuse this form a lot). I came here with K-1 visa.

My case is .. I and my husband living with his mom and step father. (but he didn't rely on his parent texes). My husband study full time and worked only part time. His income didn't meet poverty line. And His step father will be our sponsor. So we filled his name as sponsor in I-864. But I didn't sent seperate form I-864 for my husband because our understanding (at that time) is his step father is our Sponsor. So we just sent I-864 only under his step father name.

After that I am reading from your guys experiences and instruction in I-864 form prepare for interviews in next 2 weeks. I feel worry a lot if my understanding about sponsor and join sponsor are correct. Because I am not sure if I need to fill I-864A or not.

My question is......

1. Is my husband could be sponsor even his income didn't meet porverty line. ? Techniquely husband /wife should be first sponsor or not ?

2. In this case, his step father could be sponsor or join sponsor.?

3. Do we need to fill form I-864A and who could be sponsor and house host. ( if we count I , my husband, his step father and his mom totally 4 persons in a home)

4. If I have to send I-864 form for my husband and I-864 A too. Could I bring it for interviews ? I really hope that will be ok. We didn't get any letter that require more informations from AOS. But we want to do the best in our interviews.

Thanks very much for every answer in advance. I really appreciate that everybody kindly to help everyone in this AOS journey. Hope to hear from your guys soon.

Edited March 2, 2006 by California2005

[meauxna 15]

Hi California,

It would probably be the most simple thing to have your husband fill out an I-864 with his own information now, to take to your interview.

At the interview, you can explain to the officer that you are concerned that you misunderstood the instructions, and does she or he need the I-864 from your husband? Ask them, is there anything on the step father's form that needs to be corrected (I'm thinking of the front page and how he might have answered.. Sponsor or Joint Sponsor.

The officer at your interview can make corrections right there. Be sure to save a copy of your husband's I-864, and for him to include all the evidence that goes with it. Take it all to your interview and tell the officer the truth.

I personally don't think you need the -A, but I hope my post to your thread brings some more answers. I don't know if my idea is the One Correct Way to this, but it is what I would do if I were in your situation.

Best wishes for your interview!

[California2005 0]

Thanks very much, Meauxna.

Personally I think you are right. I would do like your advise us.

But I am still confuse if My husband could be call "sponsor" and his step father could be call "join sponsor. " Is that correct?

Hope you have a great day. = ) Thanks again.

[jaaaaamas 0]

Okay you are in the same EXACT situation I was.

I am the USC and am a student, like your husband. So I never worked a day of my life and generated NO income whatsoever, until about 6 months ago. So obviously I was below the poverty line in that respect and had no taxes at all. But I had my aunt be my husband's sponsor (my husband and I live with her, so it very similar to your circustances of living with his parents), and she alone made well over the poverty line. We sent in the I-864 signed by her, and like you, initially thought that was the end of that, especially since we were recieved no RFE.

However, when I got to the interview, it turned out that even though I had no income whatsoever to be a sponsor of my husband, I DID have to fill out the I-864, just saying instead that I have no income. Basically, I had to fill in 0's everywhere, for income and accounts. It was fine that I made no income, so long as I filled out the form saying so. As it turned out, they let me fill out the I-864 right there in the interview, and the officer who interviewed us acted as the notary. I just signed it in front of her.

So basically, don't worry that your husband didn't send in his I-864. Bring it to the interview, and if they ask for it, just give it to him. That is completely fine. Also, about his income, don't worry about that either. I didn't make a penny, and that was completely acceptable so long as the cosponsor made above the poverty line.

Please take my advice. You and I are in the same exact situation in every single way, and it worked out fine for us. Good luck!

[kiwi5050 0]

I was/am in a similar situation. I (USC) am also a student, but we don't live with my parents. I asked our lawyer, and he said to fill out the I-864 just like we did the I-134. I was the sponsor (even though I am WELL below the poverty line!), and my parents are the co-sponsors. We submitted those forms with the AOS, and we have our interview scheduled for March 28.

If you want to be sure, I would have your husband fill out an I-864 as the sponsor (with 0s where necessary, and if he didn't file taxes, you just need to submit a letter explaining why. I had to do that). His father should fill out the I-864 as the co-sponsor. I would get them filled out before the interview and get everything notarized just to be safe, and take them with you.

Hope this helps, and good luck with your interview!

[meauxna 15]

Thanks very much, Meauxna.

Personally I think you are right. I would do like your advise us.

But I am still confuse if My husband could be call "sponsor" and his step father could be call "join sponsor. " Is that correct?

Hope you have a great day. = ) Thanks again.

I'm glad to see that the experiences of jaaaaamas and kiwi back up my 'gut feeling' and yours!

To explain about the names. "Sponsor" is *always* the US citizen spouse---he will always be your Number One, even if he is not supplying the most money on the I-864.

Joint Sponsor is the back up. Even though he is supplying more money in your case, he is not your husband.

So for you:

Husband = Sponsor. He completes I-864 with the correct information, even if he does not earn enough.

Step Father = Joint Sponsor. He completes I-864 with HIS correct information.

The sun is out today (surprise!), so I will have a great day.. you too!

[California2005 0]

Thank you very much jaaaaamas, kiwi, meauxna.

All your experiences and suggestions are very helpful. Now I feel more relaxing about my paper work and will try the best on my interviews. Keep me in your prayer.

Thanks very much again guys..