I-864 AoS - Few questions regarding the form

[VashTheStampede 0]

If you can get through the long write up and help answer some questions I'd greatly appreciate it. I already have two I-864s filled out, one for the petitioner who does not meet the income requirements to support the immigrants, and one for an assisting sponsor who does. I have questions regarding two parts on the form. I've already helped fill it up for my grandfather as I thought I interpreted the instructions correctly but my dad seems to question whether I interpreted them correctly.

1) Part 1.

My grandfather is the petitioner and I have checked 1.a. for "I am the petitioner. I filed or am filing for the immigration of my relative." That is the only part I have checked off. The sponsor has 1.d. checked off for "I am the only joint sponsor." My dad is asking whether my grandfather should also be marked as the first joint sponsor while the assisting sponsor should be marked as the second. I figure that because the petitioner is required to fill out an I-864 and is a sponsor by default that there is nothing else to be marked. It really makes no sense to me to interpret it in the way my father does since they included 1.d., and if the petitioner was the only sponsor he would not be "joint" with anybody else. Then again my father seems to think that my grandfather and the assisting sponsor are both considered joint and that my grandfather should mark 1.e. for being the first of two joint sponsors while the assisting sponsor should mark that he is the second. If this is the case then having a 1.d. would seem to be pointless since by his logic there would be no scenario in which 1.d. applies. Besdies, if you already have 1.a. checked off then checking off 1.d. actually unchecks it. So basically the question is do I only mark 1.a for my grandfather and 1.d. for the assisting sponsor or 1.a. for my grandfather as well as 1.e., and 1.e. as well for the assisting sponsor.

2) Part 7. Use of Assets to Supplement Income (optional)

Since we have a joint sponsor who meets the income requirement to sponsor the immigrant I did not think filling out Part 7 was necessary. Filling it out would not show that he has enough supplemental income to support the immigrant. However, with the way the instruction on the form is worded (and I can't completely disagree based on the verbiage), if we are following it word for word my grandfather would have to fill this out. "If your income, or the income for you and your household, from Part 6, line 10 exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this Part. Skip to Part 8." Saying that you are not required to fill it out if you exceed the poverty guideline seems to imply that you are otherwise required to do so (although I do note that the section twice says optional). It seems to me that this part is only meant for someone who would otherwise not have a way to meet the poverty guidelines based on income alone and could use this section to fulfill the requirement. Like I said, filling out this section will not show that my grandfather meets the income requirements, but I would like to clarify for my father whether this is true. The first sentence of the instructions seems to indicate that it is not necessary as it states, "Only complete this Part if you need to use the value of assets to meet the income requirements." Since my grandfather will have an assisting sponsor and will not "need" the value of assets to meet the income requirement I feel that this answers the question, but again I want to assure my dad of this.

Sorry for the long write up but I just want to hear the answers from others so that I can assure him that the form is correctly filled out. If I am proven wrong in my interpretation of the instructions then knowing that would be beneficial as well.

[VashTheStampede 0]

Sorry, I can't edit my post but for the beginning of my Part 7 paragraph I meant that I didn't think that filling out Part 7 for my *grandfather* was necessary since it would not help *him* meet the income requirements, meanwhile the assisting sponsor does meet the income requirements with income alone.

Edited October 16, 2013 by VashTheStampede

[newacct 688]

1) You are correct. Your grandfather is the petitioner and there is only one joint sponsor. It is extremely rare to have two joint sponsors, and that can only happen in cases when there is more than one immigrant, and they are splitting the immigrants between them, as each immigrant can only have one joint sponsor.

2) Yes, he doesn't have to fill it out, since he is not trying to meet the guideline anyway.

[aleful 1,905]

ditto

the petitioner is always the sponsor and part 7 is optional, in your case he doesn't need to fill that out

he will only have one joint sponsor

[evoria 19]

I am helping someone with their I864 and he is using a new version of the form from what I used earlier this year. Anyway he had this return from NVC and I am confused. Why does it say for the I130, he cant apply for his kids and wife. When he contacted NVC he says he was told that he had to do one form for each person and not put any other person on the form. So one for his wife without adding kids as family members. I told him the directions says to do wife as beneficary and the kids as family members. I did not help him with the original application so I am not sure why it is saying for this "case's visa category." He says he did I130. Please help.

[x] Items 2 through 6.f. This case's visa category does not allow accompanying family members; therefore, you cannot

list family members in this section.

[x] Item 7. The total number of immigrants listed in Item 7 must equal the number of immigrants listed in Part 3, Items

1 through 6.f. In addition, you must also verify that the total number of immigrants listed in Item 7 matches the

number you entered in Part 5 Item1.

[valb47 1]

Hi

We had exactly the same issue with this form. The NVC referred it back as our daughter had included my husband on my form and me on my husbands form. She re-submitted them the way they asked for it, and everything was OK. All our documentation is now reviewed and we are waiting for an interview date.

The way they want the AOS document filled in doesn't seem to make much sense to me as if our daughter is signing to say she can support both my husband and myself then you would have expected her family size to include both of us. But if that's what they want!

Good luck

[evoria 19]

valb47,

Thanks for your response. What we did last night was, one for each person. Another question, they did not send back the supporting documents. Should we resubmit with the documentation or assume they have the supporting documents and just send the I-864 alone with the cover letter?

[newacct 688]

Hi

We had exactly the same issue with this form. The NVC referred it back as our daughter had included my husband on my form and me on my husbands form. She re-submitted them the way they asked for it, and everything was OK. All our documentation is now reviewed and we are waiting for an interview date.

The way they want the AOS document filled in doesn't seem to make much sense to me as if our daughter is signing to say she can support both my husband and myself then you would have expected her family size to include both of us. But if that's what they want!

Good luck

That's just the way it is. People immigrating on separate petitions cannot be counted on each other's affidavit of support.

Edited October 20, 2013 by newacct

[valb47 1]

Evoria - they don't send back the documents you have already sent. If they send you an e-mail saying that something is wrong/missing then you just send that in with the covering sheet. You should assume that if they have reviewed the documents then the only thing they have found wrong is what they have e-mailed you about - in your case the AOS form (I864).

Sounds like when you have sent back the I864 the way they need it then you will just have to wait their admin time (20 or 30 working days) and your application will be cleared to go to the next stage.

Good luck