I-864A questions

[chrisaivey 3]

Hey there, my mother is filing for the I-864A for my wife, I am a US citizen.

Quick question -

Part 1 - Household Member is about her?

Part 2 - Is me and me signing?

Part 3 - Is her again?

Thank you!

[NikLR 13,232]

Are you and your mother combining incomes?

[Ian H. 207]

Does your mother live with you? She has to live in your same address in order to use the I-864A and combine her income with yours, as well as submit proof of relationship and residence.

Part 1 is her, Part 2 is you on the top and the intending immigrant (your wife) in table below, part 3 is her again with the number of intending immigrants, which should be "1".

[chrisaivey 3]

She does not live with me, we live separately.

She has agreed to the sponsorship - does she just fill out the old I-864 like I did?

[Ian H. 207]

Yes. She isn't eligible to use the I-864A if you don't live together. As such you cannot combine your income with hers, so she has to make above the 125% poverty level requirement on her own or if she has household members that could combine their income with hers, like a spouse.

She does not live with me, we live separately.

She has agreed to the sponsorship - does she just fill out the old I-864 like I did?

[chrisaivey 3]

So now I am even more confused!

I am a full time student that will be graduating within the next month. For the I-864, I do not have hardly any income for the past 2 years. The I-130 is in process/review, my mother wants to help us. We live in different houses. What we have done so far is, she filled out an I-864 documentation, and I filled out an I-864 documentation. We were planning on putting them both together with her tax returns, and so on. Mine first since I am the main sponsor, then her.

Is this correct?

[Ian H. 207]

Ok so let's break things down.

What you made last year or in previous years isn't the concern. If you filed taxes before, yes you have to submit those. They are however concerned with your current income. Are you working right now? And if so, is your income at least 125% of the poverty level for your household size (which I assume is just you and your wife)?

If not then this is where your joint sponsor comes in, which would be your mother. As already established, she has to file a separate I-864 because she doesn't live with you and cannot combine her income with yours. As such, in order for her to be your joint sponsor, she has to make 125% of the poverty level on her own for her household size, without combining her income with you.

The I-864 has instructions for whom one has to include as part of one's household. I'm going to assume it's just your mother, and since she will be also sponsoring your wife, her household size would be "2" for purposes of filling out the I-864. So it would be her and your wife for the household size of your mother's I-864.

So according to this year's poverty levels, a 2 person household has to have an income of at least $19,662. This means that your mother HAS to make this much money in order to be a joint sponsor. Or if she doesn't make that much, she HAS to have enough assets that would bring her income up to that amount.

If your mother doesn't make that or doesn't have enough assets, she cannot be your joint sponsor and you would have to find someone else.

Also if your mother has a spouse or someone related to her and lives with her (per the I-864 instructions) that can combine their income with hers, then she may be able to meet the requirements for joint sponsor, but she would have to take into account those people as part of her household as well. Meaning that her household wouldn't be "2" people anymore and they would have to make more money.

I will post a few links and you can see what the requirements are. You have to read the instructions of the I-864 carefully in order to understand the requirements. After doing so, if you still have questions you can post back here.

Here is a link with this year's poverty guidelines for the different states and household sizes:

http://www.uscis.gov/i-864p

Here is a link with FAQ's about the I-864:

http://travel.state.gov/content/visas/english/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

Here is a link with the form and instructions:

http://www.uscis.gov/i-864

Here is a link from VJ:

http://www.visajourney.com/content/support

So now I am even more confused!

I am a full time student that will be graduating within the next month. For the I-864, I do not have hardly any income for the past 2 years. The I-130 is in process/review, my mother wants to help us. We live in different houses. What we have done so far is, she filled out an I-864 documentation, and I filled out an I-864 documentation. We were planning on putting them both together with her tax returns, and so on. Mine first since I am the main sponsor, then her.

Is this correct?

[Ian H. 207]

Also, yes you would put yours on top with your supporting docs, and your joint sponsor's (your mom) after with her supporting docs. On top of everything would be the AOS cover sheet from the NVC.

[NikLR 13,232]

She does not live with me, we live separately.

She has agreed to the sponsorship - does she just fill out the old I-864 like I did?

Yes she also signs a completed I-864 like you.

She also needs to include her tax transcripts or tax returns, proof of current income, and proof of citizenship or LPR status.

So now I am even more confused!

I am a full time student that will be graduating within the next month. For the I-864, I do not have hardly any income for the past 2 years. The I-130 is in process/review, my mother wants to help us. We live in different houses. What we have done so far is, she filled out an I-864 documentation, and I filled out an I-864 documentation. We were planning on putting them both together with her tax returns, and so on. Mine first since I am the main sponsor, then her.

Is this correct?

Yes you're correct.

Because you are a full time student, I am assuming you do not make above the poverty guidelines.

[chrisaivey 3]

Thanks everyone for the awesome responses!