I864 w/ Joint Sponsor.

[MariaElizabeth92 5]

I sent off my AOS package early December with my husbands I864 and both of his parents filed the I864A (I assumed this was the sponsors form).

Came back with a few errors. Looked into it a little further and apparently a sponsor is also to fill out form I864...My question then is, what on earth is the use of the I864A?

The I864A states that its intention is for a person to combine their income to support the sponsor and intended immigrant. This is what we did... very confused!

We have received a letter with points of information they require to be submitted all at once or we will be DENIED. Some of the points are for us to resubmit forms I864A with my husbands signature (he forgot to do one page)...

Now, I want to send off forms I864 for his parents instead, meaning I will not be resending forms I864A as these seem a little pointless?... If I am to write a letter explaining the mix up, would this suffice?

My main question is still, form I864A, what's your purpose???

[jsumner86 403]

A person living in the same house as you do fills I-864A, if he/she doesnt stay in the same house fills I-864 , the purpose of both the forms is the same

[florida4life 29]

Sponsor and co-sponsor do I-864 if the wife of the co-sponsor is combining her income then the wife would do the I-864A.

[KayDeeCee 4,893]

The purpose of both forms is not the same. It is not solely about where someone lives. You can have a joint sponsor fill out an I-864 and still reside under the same roof as them.

An I-864 is used by a sponsor, either a primary sponsor or a joint sponsor. An I-864A is used by a qualifying household member to combine their income with that of the sponsor filling out an I-864.

So, the USC petitioner/sponsor fills out their own I-864. If they have a qualifying household member willing to pitch in their support, then they would fill out an I-864A. If they need a joint sponsor, then that person fills out their own separate I-864. If the joint sponsor has a qualifying household member(such as a spouse) willing to add their support, then they fill out an i-864A to go with the joint sponsor's I-864.

In your case, it would be like this :

USC spouse (primary sponsor) = I-864

USC spouse's father (joint sponsor) = Their own separate I-864

Joint sponsor's wife = I-864A to go along with her husband's I-864

If the income of the joint sponsor's wife is not needed to meet the requirement for their household size plus the foreign spouse, then the mom can skip the I-864A. Have the dad provide a W-2 along with their joint tax return in that case though, to show his individual income separate from their joint filing.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

Edited January 20, 2014 by Jay-Kay

[MariaElizabeth92 5]

I am filing my AOS Application. My husband is the petitioner, and my Father-in-law our joint sponsor.

I am a little confused as to what to put on my husbands form. He is currently a full time student with a GI Bill received from time served in the military. His income does not meet the requirements.

We have a son together, however our son is a US Citizen and not an immigrant.

Do I go on both my husbands and my father-in-laws forms? Or just my father-in-laws?

And does my son go on my husbands?

Confused!!!

[MariaElizabeth92 5]

The purpose of both forms is not the same. It is not solely about where someone lives. You can have a joint sponsor fill out an I-864 and still reside under the same roof as them.

An I-864 is used by a sponsor, either a primary sponsor or a joint sponsor. An I-864A is used by a qualifying household member to combine their income with that of the sponsor filling out an I-864.

So, the USC petitioner/sponsor fills out their own I-864. If they have a qualifying household member willing to pitch in their support, then they would fill out an I-864A. If they need a joint sponsor, then that person fills out their own separate I-864. If the joint sponsor has a qualifying household member(such as a spouse) willing to add their support, then they fill out an i-864A to go with the joint sponsor's I-864.

In your case, it would be like this :

USC spouse (primary sponsor) = I-864

USC spouse's father (joint sponsor) = Their own separate I-864

Joint sponsor's wife = I-864A to go along with her husband's I-864

If the income of the joint sponsor's wife is not needed to meet the requirement for their household size plus the foreign spouse, then the mom can skip the I-864A. Have the dad provide a W-2 along with their joint tax return in that case though, to show his individual income separate from their joint filing.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

Thank you so much for the help! Understand it much better now.

However, do you know which form is more 'powerful'?

My husband, being in full time education, only receives income from a GI Bill. We have savings, but these are lump from my account to his and so no proof of 6 months worth, therefore we won't be touching on this.

We have a son together, even though he is a US Citizen, someone needs to show that they are financially supporting him.

My husbands earnings only show that they amount to 125% of the poverty line for himself (even though we are financially OK and not relying on anyones support).

My father-in-law is currently responsible for himself, his wife, and his teenage daughter..and me!

My father in laws earnings cover 125% of the poverty line for 4 people, not 5. However, with my husbands earnings and my father in laws earnings, 125% of the poverty line is met to support 6 people (my husband, me, my parents in law, my sister in law, and our son). We can no longer use my mother in laws earnings as she recently temporarily left full time employment to pursue a self employed business project.

For the reasons stated above, would you advise that we use form I864A for my father in law or go with the I864?

Thanks again!

[Nich-Nick 3,354]

I am filing my AOS Application. My husband is the petitioner, and my Father-in-law our joint sponsor.

I am a little confused as to what to put on my husbands form. He is currently a full time student with a GI Bill received from time served in the military. His income does not meet the requirements.

We have a son together, however our son is a US Citizen and not an immigrant.

Do I go on both my husbands and my father-in-laws forms? Or just my father-in-laws?

And does my son go on my husbands?

Confused!!!

Husband's form part 5

1. You the immigrant

2. Your husband/sponsor

4. The child

Father in laws form part 5

1. You the immigrant

2. Father in law/joint sponsor

3. ? Does FIL have a wife. She is counted here

4. ? Does FIL have any kids at home or college that he still counts as dependents on his income tax.

[MariaElizabeth92 5]

Husband's form part 5

1. You the immigrant

2. Your husband/sponsor

4. The child

Father in laws form part 5

1. You the immigrant

2. Father in law/joint sponsor

3. ? Does FIL have a wife. She is counted here

4. ? Does FIL have any kids at home or college that he still counts as dependents on his income tax.

Yes my FIL has a wife. He is responsible for his wife, daughter, and me. His income meets the 125% guideline for a household of 4. My Husbands GI Bill only amounts to meeting the 125% guideline for 1 person. This is if both fill out form I864. However, if my husband fills out form I864 and my FIL I864A, their incomes will combine and meet the 125% guideline for a household of 6 (me, my husband, our son, my FIL, my MIL and their daughter). Am I right in thinking this, or does my FIL have to file I864?

[KayDeeCee 4,893]

You could, but the father-in-law does not include your USC child in his household count unless he claims that child on his taxes. The purpose of the affidavit of support is only to show the intending immigrant will not become a public charge. Your husband does not have to prove he can support the son or even himself. You can have zero income and use a joint sponsor.

I think it should still go as I stated before.Your father being the head of his own separate household is better off filing the I-864 because it keeps all the household counts clear and accurate.

Your husband fills out his I-864 and his household size will be 3: himself, your son and you. He will not have enough income to meet the requirement for a household of 3, and therefore will need a joint sponsor.

The father fills out an I-864 of his own as the only joint sponsor and his household size is 4: himself, his wife, his own minor child and you. The mom can still add in her I-864A to go with her husband's I-864. Some have received an RFE wanting the spouse to fill out an I-864A if they file jointly, even when it is an optional form and not required. Just a thought to avoid any silly delays.

[Nich-Nick 3,354]

It is easier to have FIL do his own separate I-864 if he qualifies for his household size. It won't count against you if husband doesn't meet the requirement as long as you have a joint sponsor who qualifies on his own. Husband still fills out a form and provides tax return, even if not meeting the income requirement.

Note on FIL--he needs to also prove his separate income in another way besides the required tax return, assuming it is a joint return with MIL. The tax return will lump joint income together so it doesn't prove FIL qualifies by himself for a household of 4. He needs an employer letter stating his income or 6 months of his most recent pay stubs showing his income. USCIS needs it documented that his job alone qualifies him for four people. Also he need to prove his US citizenship.

Did you get an RFE? Did you post somewhere what it said? Was wondering what you sent before that was rejected and what the RFE said.

[KayDeeCee 4,893]

You already have a post about this here > http://www.visajourney.com/forums/topic/476196-i864-and-i864a-which-one/

~ Moved from K-1 Process to AOS from Family Based - topic is AOS, not K-1 ~

[Ontarkie 14,221]

~~Similar thread merged, please do not make multiple threads for the same or similar topic~~

[Nich-Nick 3,354]

The merged topics are real confusing because slightly different questions.