Live in the same house as joint sponsor: I-864 or I-854A?

[AliaAlia 9]

Hi,

I have 1 question since the search button doesn't work for me for some reason, and I haven't received any feedback from my earlier post (http://www.visajourney.com/forums/topic/527690-rfe-i-485-everything-has-been-submitted-during-1st-submission-why-are-they-asking-again/#entry7389687)

My husband (the sponsor) and I live with his parents.

We plan to use either 1 of his parents to be our joint sponsor, most probably the dad.

Should we use I-864 or I-864A?

Before this, we used his mom as joint sponsor and had her filled out I-864A (while my husband filled out his I-864) and received an RFE.

This could either be because she's self-employed and has no W-2 (though we've sent everything to USCIS but that's besides the point..)

The RFE says that we need to fill out form I-864 for a joint sponsor, but I'm thinking, this is just a standard format for all I-864 related RFEs or something..

So we're starting over and have his dad be my joint sponsor since he has an employer.

And again, since we live in the same house, should his dad fills out I-864 or I-854A?

Thanks!

[NickJackson 0]

Just a thought, but wouldn't his mother have had to fill out and I-865 (joint sponsor affadavit) and ALSO an I-865A (Contract between sponsor and household member)?

[Pinkrlion 2,722]

You fill out I-864, MIL fills out I-864a

[KayDeeCee 4,893]

To clear up some things: no one fills out both forms. You are either a joint sponsor, or a household member. And you do not have to use the I-864A just because you live with someone.

The I-864A is not used for a joint sponsor. The I-864A is used for a qualifying household member to combine incomes with the USC petitioner/sponsor in order to meet the requirement.

If you are going to use the mom or dad as a joint sponsor, then have them fill out a separate I-864, and then have the other parent fill out an I-864A to go along with that I-864. Their incomes will be combined together to serve as joint sponsorship. It is the best option when you have parents that file taxes jointly. Make sure they provide an IRS transcript for the most recent tax filing. If their combined incomes meet the requirement for their own household size plus the immigrant, then it should be accepted just fine that way. Oh, and the USC petitioner is not counted in their household size, even if living together, unless they claim the USC petitioner as a dependent on their taxes.