[F1 to AOS] Using mother-in-law for sponsor... i-864 or i-864a?

[semil921 0]

Hi,

My husband and I recently got married a month ago(2014) and we are in the process of filing AOS. We are still in a school thus my husband does not make enough income to satisfy 125% poverty line. My mother-in-law, therefore, wants to help us out but we are still confused with which form to fill in.

Until last week, we thought that my husband will fill out i-864 and my mother-in-law will fill out i-864a. However, as we were filling out the form i-864, we were not sure whether this would work because we do not live with my mother-in-law (thus principal residence differs).

So this week, we started thinking my mother-in-law will fill out i-864, instead. So, both him and my mother-in-law file i-864 using 2012, 2011, and 2010 as the three most recent tax years (until April 15, of course, when 2013 becomes the most recent tax year). For those tax years she has claimed my husband as a dependent.

For my husband's i-864, his household size is 2: himself and I. For my mother-in-law's i-864, her household size is 3: herself, my husband since she claimed him as a dependent on the most recent tax year, and I. So our understanding is that as long as she meets the poverty guidelines for her household of 3, she can file i-864 to be a joint sponsor for us to meet the poverty guidelines for a household of 2.

Did anyone have a similar experience? Are we on the right track?

I APPRECIATE YOUR COMMENTS! PLEASE HELP US OUT!

[KayDeeCee 4,896]

Yes. Your husband will fill out an I-864 and his mother will fill out her own separate I-864. If either of you have already filed 2013 taxes, then that will be your most recent. If his mother did not/will not claim him as a dependent for 2013, then you use the 2013 as most recent and her household size would not even need to include him. If you do not want to wait for the 2013 taxes to be filed, then yes, he will need to be included in her household size if using 2012 as most recent when she claimed him. If she has no other dependents and is not married, then yes, her household size will be 3 for herself, you and your husband.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[semil921 0]

Thank you so much for your help! I really appreciate it! ))

Then for her current income section, would we write her 2013 income or 2014? We got her employment letter stating her salary for 2013-2014(school year) and would like to use that as her current income. Do you think this will be okay??

[KayDeeCee 4,896]

Yes, that is what you do. You use the current annual income amount and use the letter from employer and/or current pay stubs to prove that income amount.

[semil921 0]

We ended up getting her I-864 (2010, 2011, 2012) and use employment letter to verify her current income! i will update how it goes!