Sooo confused I-864

[ssan 0]

Hi all, I'm in process of preparing my AOS package and everything seem to be okay until I noticed this I-864A in USCIS I-864 instructions. My wife filled I-864EZ as she is the petitioner of the family member sponsored, she is using only her own earned income and the sponsored person ( me ) is the only person immigrating based on underlying visa petition. As her income was not enough to meet the poverty requirements, her mom agreed to be our joint sponsor. Now this is the confusing part for me. Her mom filled I-864 and signed. So my questions,

- Does my wife has to fill I-864,"Affidavit of Support Under Section 213A of the Act" instead of I-864EZ because there is a joint sponsor?

- As mom doesn't live with us, does she have to fill I-864A, Contract Between Sponsor and Household Member?

- Also she and her husband's name are both in her IRS Transcripts, since he is her household member, and they both file tax together, does he has to fill the I-864 and I-864A?

thank you so much. Any help appreciated.

[Hypnos 6,576]

If filing for AoS as the spouse of a US citizen then the US citizen is always the primary sponsor regardless of income, and must file an I-864 of their own.

If you require a joint sponsor due to the primary sponsor not having sufficient income then they either file an I-864A (if they live with the primary sponsor) or an I-864 of their own (if they live in another household).

In this case:

- your wife will complete an I-864 as the primary sponsor.

- your mother-in-law will complete an I-864 of her own, since she is not a household member of the primary sponsor (your wife).

Not sure on your final question.

Edited April 9, 2013 by Hypnos

[ssan 0]

If filing for AoS as the spouse of a US citizen then the US citizen is always the primary sponsor regardless of income, and must file an I-864 of their own.

If you require a joint sponsor due to the primary sponsor not having sufficient income then they either file an I-864A (if they live with the primary sponsor) or an I-864 of their own (if they live in another household).

In this case:

- your wife will complete an I-864 as the primary sponsor.

- your mother-in-law will complete an I-864 of her own, since she is not a household member of the primary sponsor (your wife).

Not sure on your final question.

thank you soo much for your quick reply. As in USCIS instructions, we thought she can fill I-864EZ, because the answer for first section is all YES. Anyways I guess it's better to fill the full form. I hope I can find an answer for my last question as well. Thanks again

[KayDeeCee 4,893]

If her individual income is enough, then her husband would not have to fill out an I-864A. It just tends to be easier that way when someone files jointly. However, it is not a must. She can use the joint transcript but also include a copy of her W-2 to show her actual individual income apart from her husband's. She will use her individual current income as well, and provide a letter from her employer and recent pay stub(s) to back that up. She will also need proof of being a USC or LPR.

[Darnell 8,478]

wife - I-864

mom - I-864

dad - I-864A

Good Luck !

[Hypnos 6,576]

You can use an I-864EZ in lieu of an I-864 if you are meet all of the requirements for it, but only the primary sponsor can do this, not a joint sponsor.

Edited April 9, 2013 by Hypnos

[Inky 1,110]

OP is not adjusting from a family based visa, he is adjusting from an F-1. Moved to the proper forums.