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Filed: Other Country: South Africa
Timeline
Posted

I am the intending immigrant, applying for AOS.

My husband is the USC and will fill out the I-864. We (the two of us and our two children) are currently living with his parents. My husband also is not earning enough to make it above the required 125% above the poverty guidelines. So, we originally planned to have my father-in-law fill out the I-864A because we live in the same household. I have a few questions that I have not found answers to and that seems more complicated than the other cases I have read about:

- Aside from our family living with them, they still have two teenage daughters, who are dependents on their tax return. Does this influence what we put as household size on my husband's I-864?

- Does my father-in-law fill out an I-864 or I-864A ? He is $2 000 short of having enough to put him over 125% for a household of eight, but he has $510 000 in assets. I am thinking he should file I-864 (as joint sponsor) and my mother in law should file I-864A. They file taxes together and their combined income is more than enough to put us over the 125% (as a household of 8 people). OR, with having enough assets to make up 5x the difference of what our income is under the poverty line, is it enough that he can just file I-864A. If he files I-864A, should my mother-in-law file one as well, seeing that they file their taxes together?

I am so confused and my husband and I cannot seem to agree about this. Please advise.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Your husband fills out an I-864 and provides supporting documentation as the USC petitioner/primary sponsor. His household size will be 4: himself, your 2 kids and you.

His father will fill out his own I-864 and his wife will fill out the I-864A. They will provide their supporting documentation and combine their incomes to meet the requirement for their household size, which appears to be 5: the dad, the mom, their 2 kids and you. Make sure they provide proof of being US citizens or permanent residents.

Make sure to read through the I-864 and I-864A instructions.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

 
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