I-864 for USC student husband and father in law

[Sasha11 0]

Hi everyone,

I'm new to VJ and like everyone said, it's truly a life saver.

I'm on F1 filing for AOS. I have couple questions about the I-864 Affidavit of Support. My USC husband is currently a college student with only financial aid and student loans as his source of income as of March 2013; before this his dad was paying for everything. He was also studying abroad for the past 2 years so he didn't file his tax return. So my husband does not have any proof of income to provide for the past years but his father agrees to be my sponsor. What should we do?

1. Does my husband still need to file as the petitioner? If yes what kind of supporting documents should he provide?

2. Will my father in law be the petitioner, only joint sponsor, or the second sponsor?

I apologize if my questions and explanations are unclear. Basically, my father in law is the one with the qualified income and we're just trying to figure out how to do the I-864 paperwork.

Thank you!!

[aaron2020 11,651]

1. The petitioner is always the primary sponsor. He must file an I-864. He simply list his income as zero and provide a signed cover letter stating he was not required to file US tax returns because he did not have any income.

2. Your FIL would file a separate I-864 as the Joint Sponsor.