Affidavit of Support(Separate I-864 or I-864A from my spouse?)

[Ianne25 0]

I read this from the Wiki link and I was wondering if someone can confirm my understanding. I'm already in the process of completing the affidavit of support(I-864) but recently resigned my job to go back to school, so I'm using my husband's income to qualify. Does this mean each of us need a separate I-864 form, or can I just fill it out and my husband will use the I-864A?

Which I-864 Form to Use

If you look at the USCIS website, there are a multitude of I-864 forms listed: I-864, I-864EZ, I-864A, I-864W, and even I-864P.

The I-864 is the most common of the forms used. This is what petitioners and joint sponsors use.

The I-864EZ has three different criteria points that need to be met before a petitioner can use it. Remember, if you do meet all the criteria, it doesn't mean you have to use it; you can still use the I-864 if you wish. But, since the I-864EZ is shorter (and thus easier) to fill out, if you can use it, I suggest it as there's lower chances of messing up and getting a checklist.

The I-864A is used for household members of sponsors. Typically, the only time I recommend using the I-864A is for spouses of joint sponsors who are deciding to contribute their income as well. So, in these cases, the petitioner would file an I-864, the main joint sponsor would file an I-864 as well, and then the joint sponsor's spouse would file an I-864A.

Thank you!

[Leatherneck 693]

That is the correct understanding. You fill out the I-864 and your husband will complete the I-864A.

[Ianne25 0]

That is the correct understanding. You fill out the I-864 and your husband will complete the I-864A.

I see. I appreciate your prompt reply. Thank you and have a good day!

[Leatherneck 693]

Sorry OP, I need to correct myself. You fill out the I-864 and your husband would do the same, fill out an I-864.

The I-864A is completed by the spouse of a joint sponsor. In this case, you are the direct sponsor,. you're not a joint sponsor.

[Ianne25 0]

This is very confusing, I've messaged a couple different people with this question and everyone is giving me different answers . Thank you for your input! I will just wait for more people to share their thoughts to see if we can achieve a consensus.

[Leatherneck 693]

You fill out the I-864 because you are the petitioner, thus the sponsor, but you have issues with qualifying income. So you need a joint sponsor. Therefore, your husband would be your joint sponsor, he fills out the I-864 also.

Example of I-864A use:

1. You sponsor your mother; you fill out an I-864

2. A joint sponsor is needed; let's say it's your brother, he also fills out the I-864

3. The joint sponsor is married (your brother); his wife fills out the I-864A

Hope that makes sense now.

[thebellangers 0]

My partner and I are in a similar predicament, Lanne. The USCIS officer I visited with stated my partner needs to file at I-864A...

What did you decide on doing, Lanne?

[newacct 688]

My partner and I are in a similar predicament, Lanne. The USCIS officer I visited with stated my partner needs to file at I-864A...

What did you decide on doing, Lanne?

If you are a sponsor, and your income is not enough, you can include your husband's income as a household member's income in your I-864. Your husband would fill out an I-864A, unless he is the sponsored immigrant, in which case he doesn't need to fill out anything.

[thebellangers 0]

My partner IS the sponsored immigrant. However, the USCIS officer stated that I needed to file an I-864A for him.

On the instructions (page 7 of 16) bolded part 2 it states: "if you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5, Item Number 1), evidence that his or her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children."

My partner does not have accompanying children and currently works in the U.S. through his OPT. However, he does not currently live with me. This means he needs to file Form I-864A.

BUT on page 11 of 16 in the last paragraph, the instructions state: "However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her." <- These instructions mean he does NOT need to file Form I-864A.

On the actual paperwork for Form I-864 (page 5 of 12), question 16 states: "The people listed in Item Numbers 3,6,9, and 12 have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people." We can place a checkmark on #16. But then there is question #17 which states: "One of more of the people listed in Item Numbers 3,6,9, and 12 do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents." We can place a checkmark on #17. Which should we do?

I hope someone can help guide us - I would appreciate it very much.

The USCIS officer and the instructions are guiding us in two seemingly different ways. I would prefer for our application to be submitted & finished w/!

[newacct 688]

My partner IS the sponsored immigrant. However, the USCIS officer stated that I needed to file an I-864A for him.

On the instructions (page 7 of 16) bolded part 2 it states: "if you included the income of the intending immigrant who is your spouse (he or she would be counted in Part 5, Item Number 1), evidence that his or her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children."

My partner does not have accompanying children and currently works in the U.S. through his OPT. However, he does not currently live with me. This means he needs to file Form I-864A.

BUT on page 11 of 16 in the last paragraph, the instructions state: "However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her." <- These instructions mean he does NOT need to file Form I-864A.

On the actual paperwork for Form I-864 (page 5 of 12), question 16 states: "The people listed in Item Numbers 3,6,9, and 12 have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people." We can place a checkmark on #16. But then there is question #17 which states: "One of more of the people listed in Item Numbers 3,6,9, and 12 do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents." We can place a checkmark on #17. Which should we do?

I hope someone can help guide us - I would appreciate it very much.

The USCIS officer and the instructions are guiding us in two seemingly different ways. I would prefer for our application to be submitted & finished w/!

Again, as the sponsored immigrant, he does not need to fill out I-864A. He still needs to provide proof of his current income if that is counted on your I-864.