I-864A co-sponsors and I-864, when to use?

[Lehua 0]

Can someone help me confirm if I have correct info and forms? I see a lot of K1 fiance related questions related to this but I am not that status. We are married. Legally here as as a visitor. Not fiance k1 or student.

It is my understanding that my US born spouse is my primary sponsor (and must be the primary sponsor) so i complete an I-184. Since his income is insufficient, his parents can be co-sponsors, as we all live under the same household.

The co-sponsors, parents will then each complete an I-864A?

Applying for AOS with I-130, 2x 325A, 1-485, I-693, I-131, I-765, and I'm assuming I-864 from spouse and 2x I-864A from his parents?

Any feedback is appreciated. Thank you.

[KayDeeCee 4,896]

Your husband is your petitioner/sponsor and will need to file an I-864 and supporting documents, even if he does not meet the requirement. One parent will fill out a separate I-864 as the only joint sponsor, and the other parent will fill out an I-864A as a household member of their spouse, the joint sponsor.

~ Moved from K-1 Process to AOS from Work, Student & Tourist Visas - topic AOS from tourist visa, not K-1 ~

[Lehua 0]

Is I-864- joint sponsor- for the sponsor who lives outside your household?

[aleful 1,905]

hi

you cannot have two household members, your parents cannot both fill out the i864A

the i864 can be used for both, people who do or don't live in the same household

[KayDeeCee 4,896]

Well, technically you can have more than one household member complete an I-864A, but this is not the best way to do it for the OP's situation.

It does not matter whether or not the joint sponsor resides with you, and who lives with who does not determine the household size count either. The parents should do a separate I-864 and I-864A. It makes the household size count and supporting documents easier and 'cleaner' to deal with.

[Lehua 0]

Thank you all to replied. It makes sense now.

[leslie08 0]

Good day!

can you help me be sure if i'm doing it right. I'm about to file I-864 for my spouse (k1)I'm confused in Part 5. I'm planning to have my sister to co-sponsor but i don't know where i will put her in part 5, help pls. And also what for does she need to fill up the I-864 or I-864A? She will only be my co-sponsor. I hope to hear from anybody anytime soon. Thank you.

[KayDeeCee 4,896]

Good day!

can you help me be sure if i'm doing it right. I'm about to file I-864 for my spouse (k1)I'm confused in Part 5. I'm planning to have my sister to co-sponsor but i don't know where i will put her in part 5, help pls. And also what for does she need to fill up the I-864 or I-864A? She will only be my co-sponsor. I hope to hear from anybody anytime soon. Thank you.

There are no co-sponsors with an I-864. There are joint sponsors and qualifying household members. Need some more information from you. Does your sister live with you? Do you have any income at all? Do either of you claim the other as dependents on their taxes? Is your sister married, and does she have any dependents such as minor children?

[leslie08 0]

There are no co-sponsors with an I-864. There are joint sponsors and qualifying household members. Need some more information from you. Does your sister live with you? Do you have any income at all? Do either of you claim the other as dependents on their taxes? Is your sister married, and does she have any dependents such as minor children?

sorry for the wrong info i mean joint sponsor. Yes she live with me. I have an income but it is not enough for the 3 or us. No we don't claim each other but i believe she claim my mother and father as her dependent.

[KayDeeCee 4,896]

sorry for the wrong info i mean joint sponsor. Yes she live with me. I have an income but it is not enough for the 3 or us. No we don't claim each other but i believe she claim my mother and father as her dependent.

Does she make enough income for her household size plus the intending immigrant? It would 4 with her, your parents and the foreign spouse.

[leslie08 0]

Yes. That's why I ask her to be a joint sponsor. So where will i put her in part 5? Is it in #7? How many will i put since she has 2 dependent?

[KayDeeCee 4,896]

Yes. That's why I ask her to be a joint sponsor. So where will i put her in part 5? Is it in #7? How many will i put since she has 2 dependent?

Okay then you will not list her at all in Part 5. She is not part of your household size. She will fill out her own separate I-864 and check 1d. as the only joint sponsor. She will not list you in her household size in Part 5 of her form either, She will list the intending immigrant she is sponsoring, herself and her dependents On her household count it will be 4. On your I-864, if it is just you and your spouse, then it will be a household of 2.

[Lehua 0]

Hello,

I originally posted this question and I like to share the updates.

I did hire an experienced immigration lawyer and this is how they filed wrt these forms:

one I-864 by spouse

one I-864A by his parents each. (Jointly filed taxes and we live in the same household)

I brought up the suggestions made on this thread and the lawyer(s), I spoke to 3 lawyers with this question, and they all replied pretty much by verbatim the instructions from these forms. There are multiple ways of going about it obviously. For those who are in a similar situation and wondering if this way works, so far so good. Will update again if I get an RFE.

I was comfortable with proceeding this way and received my biometrics appt 2 weeks after the application was recieved. So it's moving along steadily.

Thanks all who read, replied, and responded:)

Lehua