Affidavit of Support (I-864) joint sponsor question (regarding I-130 petition)

[VashTheStampede 0]

Hello,

My grandfather who is a US citizen has petitioned my aunt and cousin (his daughter and grandson) via I-130; my aunt is the principal beneficiary and my cousin is a derivative beneficiary. The process has been moving along smoothly and now we are filling out the I-864, Affidavit of Support.

My grandfather is in his 80s and has been retired for some time. He lives with my uncle (his son) who is going to be a joint sponsor for my aunt and cousin. Filling out the I-864 for my uncle looks pretty straightforward - we've already collected his tax forms, gotten a letter from his employer for proof of his annual salary, etc.

My question is do we have to fill out two separate I-864s, one each for my grandfather and uncle? I'm assuming the answer is yes since my uncle is going to be the financial provider and I'm guessing an I-864 still needs to be filled out for my grandfather even though he will not be providing any financial support. I am very unfamiliar with this process and just want to be absolutely sure everything is being handled correctly.

I have an additional question that you don't have to answer if you don't know the answer: We do not need to fill out an I-864A, right? From what I can tell that form would only be used if my uncle wanted to allow my grandfather to use his income without my uncle actually becoming a sponsor. If anyone can confirm this that would be great.

Any help you can give is greatly appreciated.

[mary81 2]

Hello,

My grandfather who is a US citizen has petitioned my aunt and cousin (his daughter and grandson) via I-130; my aunt is the principal beneficiary and my cousin is a derivative beneficiary. The process has been moving along smoothly and now we are filling out the I-864, Affidavit of Support.

My grandfather is in his 80s and has been retired for some time. He lives with my uncle (his son) who is going to be a joint sponsor for my aunt and cousin. Filling out the I-864 for my uncle looks pretty straightforward - we've already collected his tax forms, gotten a letter from his employer for proof of his annual salary, etc.

My question is do we have to fill out two separate I-864s, one each for my grandfather and uncle? I'm assuming the answer is yes since my uncle is going to be the financial provider and I'm guessing an I-864 still needs to be filled out for my grandfather even though he will not be providing any financial support. I am very unfamiliar with this process and just want to be absolutely sure everything is being handled correctly.

I have an additional question that you don't have to answer if you don't know the answer: We do not need to fill out an I-864A, right? From what I can tell that form would only be used if my uncle wanted to allow my grandfather to use his income without my uncle actually becoming a sponsor. If anyone can confirm this that would be great.

Any help you can give is greatly appreciated.

The petitioner is ALWAYS the primary and It does not matter what is their financial situation is, employed or unemployed so I-846. and I-846A is for the co-sponsor.

[aaron2020 11,651]

Grandfather files an I-864 as the Petitioner/Sponsor.

Uncle files his own I-864 as the Joint Sponsor.

[VashTheStampede 0]

Thanks, so I definitely have to fill one out for my grandfather.

I got two different answers here, but I'm thinking the second option is the way to go? The regular I-864 does have checkboxes for joint sponsors, so I guess I'll also fill one out for my uncle. I'm guessing that you can do either I-864 or I-864A, just don't do both? I'm actually not sure I understand the purpose of the I-864A. It seems like it can be used in the same manner as an I-864 for a joint sponsor, the only difference being that on the I-864A my uncle would be sharing his income with my grandfather for the purposes of the petition, but without becoming a sponsor himself. Is this correct?

[newacct 688]

The grandfather must fill out an I-864, as petitioner.

If the uncle is to be a joint sponsor, the he fills out an I-864 too. Then the uncle must have enough income on his own to support his household + the immigrants. Nobody fills out an I-864A.

If, on the other hand, the uncle is to be a household member of the sponsor (the grandfather), then he fills out an I-864A, not I-864. Then his income would be combined with the grandfather's, and the grandfather's I-864 would list him as part of the household and list his income. Since they live in the same house, I think this is possible.

The people on this forum generally recommend being a joint sponsor rather than a household member.

[VashTheStampede 0]

If only I could really express how much simpler this forum has made our lives I would. I'm 100% clear on what needs to be done now, thank you all so much.

[Rajiv478 2]

I have a similar question

I have filed i130 for my wife who is in India my income is not above 125% the poverty line. So I am using my parents income. They currently live at the same address as I live at, and my parents have filed joint tax every year. So what form are they suppose to fill out i864 or i864a. Also do i use the adjusted income or the total income as we all filed form 1040.

Also me and my wife have a son together for whom we will be getting a crba from india and a US passport and will be traveling to USA with my wife. Do I put his name on the i864 of my wife or do i have to fill out a different i864 for my son, please help me.