Do i have to fill the I864 if I have no income but have a joint sponsor for my wife?

[ichiban 0]

Hello

I'm filing for AOS for my wife. My mother will be joint sponsor and will fill in the form I-864 since I have no income and I have not been in employment for the past few years. Do I still have to fill in the I-864 form ?

Thanks for your reply

[Pitaya 2,577]

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Edited September 3, 2014 by A&B

[Pitaya 2,577]

Hello

I'm filing for AOS for my wife. My mother will be joint sponsor and will fill in the form I-864 since I have no income and I have not been in employment for the past few years. Do I still have to fill in the I-864 form ?

Thanks for your reply

Read page 8 of the form instructions: http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Just to clarify things a bit, your foreign-born wife is making application to adjust status (AOS) to that as a permanent resident, not you, the USC-spouse. The US Citizen spouse does not need to adjust status, they are already a US Citizen.

[ichiban 0]

I mean do I still have to fill in the I 864 form for my wife AOS even if I have no income and is out of employment?

[babsloblaw 6]

I mean do I still have to fill in the I 864 form for my wife AOS even if I have no income and is out of employment?

Yep.

[Dave&Roza 748]

I mean do I still have to fill in the I 864 form for my wife AOS even if I have no income and is out of employment?

The spouse is the PRIMARY sponsor and the fist person the US government will go after should your wife receive means tested benefits. You will have to notify them of a change of address using the I-865 form. You MUST complete an I-864 form with all supporting documents requested or an explanation as to why you did not include them--i.e. income below the level the IRS requires you to file a return. The joint sponsor will also complete an I-864 and be bound by the change of address requirement and their income should be sufficient to be above the 125% level for their family size. Failure to complete the I-864 for yourself and supply the requested documents will result in an RFE--we have seem it time and time again here on VJ.

Good luck,

Dave

[KayDeeCee 4,896]

The USC petitioner/sponsor must fill out their own I-864, even when using a joint sponsor. It states this in the instructions.

1. Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the
United States, or its territories or possessions (see Part 4, Information on the Sponsor, Item Number 5. of these
instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a
joint sponsor also submits an I-864 to meet the income requirement.