I-864 confusion

[khashooga 0]

Dear all,

I am putting together all my materials to concurrently file the I-130 (Petition for Alien Relative), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and I-131 (Application for Travel Document).

I am a British citizen in the USA on a WT (a category of visa waiver). My (American) wife is my petitioner. Neither of us is currently employed, so my father-in-law has completed an Affidavit of Support (I-864) on our behalf. My wife, as petitioner, has also completed an I-864.

My confusion stems from the maelstrom of information about the form and who fills it out and in which way.

-Does my father-in-law count as joint sponsor?

-Can my father-in-law count as joint sponsor if I am currently living with him (I read that a household member can not be a joint sponsor, though our living in the house is temporary)?

-Are any supporting documents necessary (like tax returns, W-2s, proof of citizenship etc)?

I would be eternally grateful for any help you wonderful folks could offer me.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[duitta2g15 26]

http://www.uscis.gov/i-864p. Follow this link to know the poverty guidelines. Since both of you aren't working then your wife Dad can serve as a joint sponsor. He must meet the poverty guideline tho. He will need to give you his recent federal tax return to be photocopy and sent along with the I-864. You also need a letter from his employer stating that he work with them along with at least two months recent pay stubs. If I am missing anything then some can include it.

[khashooga 0]

Thanks! I forgot to mention that my father-in-law is retired. Since he has done the form based on assets and savings, should he provide proof of these assets?

[duitta2g15 26]

Asset are counted differently when you are trying to meet the poverty guideline with asset. You are going to calculate the total assets and divide by 3 to meet the poverty guideline for a United state citizen. If you are a green card holder then it should be divided by 5

[khashooga 0]

Thanks for your help!

[duitta2g15 26]

Yes, you will need to include evidence of asset!!!

[Harpa Timsah 13,258]

Your wife is the main sponsor no matter what. She needs to include a completed I-864 with her last year's tax returns or an explanation why she was not required to file taxes, by law.

The father is the joint-sponsor. If possible, it is best if he qualifies on his own and does his own separate I-864. He will need all required evidence, at least one year's worth of tax returns, and if he is qualifying on assets, evidence of those. Also don;t forget proof of his USC status.

Is the father still married? If so, then his wife should fill out a I-864A as a household member of the joint sponsor.