I-864 Question

[David R 2]

Hi Everyone,

I am AOS from a K1 and we are looking at the I-864 right now.

My fiancee has been living with my in Australia and so she has not been working. We used her father as a co sponsor for our affadvit of support for the K1 and we plan to do the same again.

I know the I864 is a little different from the aff of support we filed with the K1 so I have a few questions.

My fiancee has some money saved in her account. Can we use this as a sponsor?

I also have some funds saved in my US account, can these be used as evidence as my ability to support myself?

Thanks so much.

David

[Penguin_ie 5,993]

Yes, the savings in both your accounts an be used. $3 of savings is worth $1 of income- ie if there is an income shortfall of $2000, you'd need a minimum of $6000 in savings to make up for that.

[David R 2]

Yes, the savings in both your accounts an be used. $3 of savings is worth $1 of income- ie if there is an income shortfall of $2000, you'd need a minimum of $6000 in savings to make up for that.

Great thanks so much. My savings were not counted in the I134 but I knew the I864 had slightly different rules.

Thanks again.

David

[David R 2]

Yes, the savings in both your accounts an be used. $3 of savings is worth $1 of income- ie if there is an income shortfall of $2000, you'd need a minimum of $6000 in savings to make up for that.

If I am including my own savings as a sponsor do I fill out an I864 for myself or is that only for others sponsoring me the immigrant?

Thanks again.

David

[KayDeeCee 4,893]

If I am including my own savings as a sponsor do I fill out an I864 for myself or is that only for others sponsoring me the immigrant?

Thanks again.

David

Your assets would be included on your wife's I-864. No need to fill out an I-864A. Check the form instructions for including income/assets of the intending immigrant.

[Penguin_ie 5,993]

Your assets would be included on your wife's I-864. No need to fill out an I-864A. Check the form instructions for including income/assets of the intending immigrant.

[David R 2]

I am going through the step by step instructions for the form and I am wondering if there is even any point in adding my wife's I184.

She has not been working as she has been with me in Australia. The only thing that would count towards the sponsorship would be the savings we both have in our accounts. Her father will be a co sponsor and he will have more than enough to meet the criteria.

I know with the K1 we had to have my fiancee as a sponsor regardless but I am wondering if that is the case with the I864. Can anyone tell me if my wife is required to be a sponsor for me with AOS as she was with K1 or if there would be any reason we need to use her as a sponsor in addition to my father in law or if it would be OK to use only his I864?

Thanks so much.

David

[KayDeeCee 4,893]

I am going through the step by step instructions for the form and I am wondering if there is even any point in adding my wife's I184.

She has not been working as she has been with me in Australia. The only thing that would count towards the sponsorship would be the savings we both have in our accounts. Her father will be a co sponsor and he will have more than enough to meet the criteria.

I know with the K1 we had to have my fiancee as a sponsor regardless but I am wondering if that is the case with the I864. Can anyone tell me if my wife is required to be a sponsor for me with AOS as she was with K1 or if there would be any reason we need to use her as a sponsor in addition to my father in law or if it would be OK to use only his I864?

Thanks so much.

David

The petitioner is always the primary sponsor and must provide an I-864, even if they have zero income. As the joint sponsor, her father will fill out his own separate I-864 and provide his supporting documentation and proof of being a USC or LPR.

[David R 2]

The petitioner is always the primary sponsor and must provide an I-864, even if they have zero income. As the joint sponsor, her father will fill out his own separate I-864 and provide his supporting documentation and proof of being a USC or LPR.

No problems, thanks very much. So do we still include my wife's tax return information even though she has not been working? And should what would you advise you write in the annual income section considering she currently has no income?

Thanks so much for your time.

David

[JEC777 13]

Your assets would be included on your wife's I-864. No need to fill out an I-864A. Check the form instructions for including income/assets of the intending immigrant.

I was of the understanding that the intending immigrant had to submit an I-864a if they were using their income/assets. I checked 8 (a) on the form "relationship to sponsor....I am the intending immigrant and also the sponsor's spouse". I submitted my AOS about a month ago and included an I-864a as well as my husbands I-864....??

Just read the fine print in the instructions. I completed an I-864a because I am an intending immigrant with dependants. I didn't realise though that the form isn't required if your Sponsor meets the income requirements. My husband does meet the requirements, but I wanted to "beef up" our case just in case by including my income as well....I hope this doesn't mean we will get an RFE for providing a form that wasn't required.

Edited April 25, 2013 by JEC777

[David R 2]

I was of the understanding that the intending immigrant had to submit an I-864a if they were using their income/assets. I checked 8 (a) on the form "relationship to sponsor....I am the intending immigrant and also the sponsor's spouse". I submitted my AOS about a month ago and included an I-864a as well as my husbands I-864....??

Just read the fine print in the instructions. I completed an I-864a because I am an intending immigrant with dependants. I didn't realise though that the form isn't required if your Sponsor meets the income requirements. My husband does meet the requirements, but I wanted to "beef up" our case just in case by including my income as well....I hope this doesn't mean we will get an RFE for providing a form that wasn't required.

I highly doubt it because you have actually done more than they ask which I doubt would be an issue. Maybe some other people on here with more experience would be able to answer that question.

I find the affs of support to be the most difficult of all the forms to complete.