I-864 can the joint sponsor be in the same household?

[A.M.E 1]

Hi everyone,

Ok so here's what's going on:

My USC husband is going to sponsor me for my AoS (came here with K1 visa), but there is a problem. He is currently unemployed and never filed taxes (we are both young and he is claimed as a dependent in his mother's taxes). I saw a couple other topics from people in a similar situation. We live in her house, she is married and her husband (my husband's stepfather) is going to be our joint sponsor. I gave him the I-864 form, he filled it out and signed it. BUT because they file their taxes jointly, she would be supposed to fill out the I-864A, right? But does that apply even when the joint sponsor is in the same household?

Also, If my husband got a job, could he simply state in the I-864 that his stepfather's income would be included in the household income and have him fill out the I-864A form (contract between sponsor and household member) and that would be it? Even if he never filed taxes?

[A.M.E 1]

Thanks in advance. There's so many details, I'm still confused

[GurkenSalat 48]

According to the form instructions, the 864a is filed by a member of the sponsor's household if that person plans to contribute their income or assets to the support of the intending immigrant. The 864a very much applies to a co-sponsor in the same household as the joint sponsor.

Also keep in mind that the income to be shown has to support 3 people (you, the stepfather, his wife). Probably not bad idea for her to file 864a, that would add some extra income that you can show. Unless it's already been added into the main 864, in which case she definitely should file the 864a.

Make sense?

[A.M.E 1]

My husband's stepfather has enough income to support the three of us, (actually the household size is 5) but because he and my husband's mom file taxes jointly, maybe a simpler way to get it done is to have each of them file a i-864a? (even though my husband currently has no income?)

[A.M.E 1]

I just read a thread about this couple who went through the same, the USC spouse's mother was their joint sponsor and they all lived in the same house. She(the mom) filled out the I-864 anyway and it did work out after all. So that's what I'm going to do. Thanks!

[GurkenSalat 48]

I just read a thread about this couple who went through the same, the USC spouse's mother was their joint sponsor and they all lived in the same house. She(the mom) filled out the I-864 anyway and it did work out after all. So that's what I'm going to do. Thanks!

Ah, no problem, sorry I couldn't help more! Best of luck to you!

[A.M.E 1]

Ah, no problem, sorry I couldn't help more! Best of luck to you!

No problem!!! And best of luck to you, too!