Can I-864A be used by our joint sponsor to use household income from her spouse?

[canuck-in-chitown 2]

Hi everyone,

I have been reading, and reading the boards and am still stuck on two issues:

1. We are filing AOS from F1 and are using a joint-sponsor. My USC wife fills out I-864 as the petitioner, and the joint sponsor fills out form I-864 as the joint sponsor. However our joint sponsor is listing her household income (rather than individual) which is from her husband, because she is unemployed. Thus her "household member" husband, filled out I-864a according to the instructions of I-864 24. d.

Question: Is this the correct use of form I-864a?

2. Because our joint sponsor shows more than adequate household income, should my USC wife, who is currently unemployed, still include my income as the intending immigrant in 24 b. on her I-864 even though it is not enough? I am a student working on my college campus.

Question: Must we show my (beneficiary) income even with using a joint sponsor? Must we show any assets (ie. savings) as well?

I would truly appreciate some help,

canuck-in-chitown

[Harpa Timsah 13,258]

Your joint sponsor is unemployed? That's backwards. Why don't you make the friend's husband the joint sponsor?

[canuck-in-chitown 2]

Your joint sponsor is unemployed? That's backwards. Why don't you make the friend's husband the joint sponsor?

I know, I feel the backward-ness in the pit of my stomach. The thing is, her husband is extremely busy, she just had more time on her hands to be able to complete the paperwork. I just feel bad asking them to do them again, and, of course, I am running out of F1 visa time and eager to file.

Is it enough to get an RFE? The only difference is our joint sponsor using "household income" rather than "individual income". I have a joint tax return from them with both names on it to include. Thoughts?

[Harpa Timsah 13,258]

The husband has to sign for I-864A anyway, so why doesn't the wife prepare the I-864 for him and have him sign it? Then she can sign the I-864A. I really think you should reverse it. An unemployed co-sponsor makes no sense to me.

[aaron2020 11,651]

Why bother getting a Joint Sponsor who does not meet the financial requirement? That doesn't make sense.

The part that he is too busy and she has time to file out the paperwork and that's why you are having her as the JS and him as a household member doesn't make sense either. If you just have him as the JS, she doesn't even have To fill out the I-864a. Furthermore, how much more work is it for him to sign the I-864 vs. the I-864a when his wife is doing the paperwork?

Why are you trying to complicate your case? Is the inconvenience of filling out the forms again worth at best delaying your case or at worst having the I-864 rejected?

Edited June 16, 2013 by aaron2020

[canuck-in-chitown 2]

Why bother getting a Joint Sponsor who does not meet the financial requirement? That doesn't make sense.

The part that he is too busy and she has time to file out the paperwork and that's why you are having her as the JS and him as a household member doesn't make sense either. If you just have him as the JS, she doesn't even have To fill out the I-864a. Furthermore, how much more work is it for him to sign the I-864 vs. the I-864a when his wife is doing the paperwork?

Why are you trying to complicate your case? Is the inconvenience of filling out the forms again worth at best delaying your case or at worst having the I-864 rejected?

Thanks for weighing in aaron2020, I do appreciate it.

I guess I just was not thinking about the difference between the husband-wife financial unit as the government must. I figure a husband and wife are sharing financial resources so why does it matter whether the income shown is from one or both. However, I understand that the government must look at things on a bit more of an individualized basis.

I'll hope to get them completed again soon. My I-20 is up July 26 so I will have to cease working until EAD comes in, praying it gets here early!

canuck-in-chitown