Affidavit of Support confusion

[blessed23 0]

Hi everyone,

We are currently confused how to file the AOS. My wife(sponsor) does not meet the income requirement for a household size of 2 (me and her). We plan on making her mom a joint sponsor, her combined annual income with his husband can meet the income requirement for a household size of 4 (me, my wife, my in-laws). What forms are we going fill up for the affidavit of support for our case?

Thank you and regards,

Ron

[aleful 1,905]

hi

your wife, the i864 as sponsor

her mom or dad: one files the i864 as joint sponsor, the other one files the i864A as his or her household member

[blessed23 0]

hi

your wife, the i864 as sponsor

her mom or dad: one files the i864 as joint sponsor, the other one files the i864A as his or her household member

Hi Aleful,

Thank you for your answer. I want to clarify though.

Her mom will file i864 as joint sponsor and her dad will file i864A as household member right?

This means that her mom and dad's combined income should qualify for the income requirement for a household of 4 (wife, me, and inlaws) which is 30312$?

Will my wife's income still be a factor?

Regards,

Ron

[aleful 1,905]

hi

correct for mom and dad

your wife as the petitioner, MUST file and i864 regardless of how much her income is, some petitioners have $0 income but the have to file the i864

her income won't count but she files the form anyway

[blessed23 0]

hi

correct for mom and dad

your wife as the petitioner, MUST file and i864 regardless of how much her income is, some petitioners have $0 income but the have to file the i864

her income won't count but she files the form anyway

Hi,

Should her mom and dad also provide their financial evidence (IRS Tax Transcript, evidence of income, proof relationship, domicile, etc.) along with my wife's financial evidence?

Regards,

Ron

[aleful 1,905]

hi

yes, attaching documents with their i864 and i864A

taxes, paystubs, W2s, letters of employment if possible, proof of same domicile and proof of relationship, as well as proof of being USCs or LPR s

your wife provides the i864 along with her financial documents and the parents provide their financial documents with their i864 and I 864A

[blessed23 0]

So all of these will comprise my AOS package right?

IV package next. lol thanks for all the answers!

[aleful 1,905]

hi

yes

[blessed23 0]

Follow up question.

In this website, http://www.uscis.gov/i-864, one point in the special instructions say this:

• Give the completed form and supporting documents to the immigrant you are sponsoring to file with their Form OF-230 or Form I-485.

Can anyone expound on this? Does this mean my wife needs to send me the I-864? What are the OF-230 and I-485 forms used for?

Thanks!

[aleful 1,905]

hi

no, you wife will be sending these documents to the NVC if you are in your country and you are going through consular processing

or if you are legally in the US, and you are adjusting status, she will send the i864's in the adjustment of status packet with the i485 and other forms

[blessed23 0]

Thank you again aleful for clarifying this. I am in the Philippines which means my wife will be sending the document to NVC. No need to use OF-230 and I-485.

I am currently answering the I-864, regarding part 5, Sponsors's household size, correct me if I am wrong, the total should be 4 since her parents will be combining their income with her (so that's 3 of them) plus me

Since household size is 4, their(wife and both her parents) combined income should be 30312$?

Forms to be included in the AOS package (along with other financial evidence) are I-184 for my wife (primary sponsor), her mother (joint sponsor) and I-184A only for her father (household member sharing), so that is a total of 3 forms.

Sorry for being redundant, I just want it to be perfectly clear so we wont get any checklist.

Regards,

Ron

[aleful 1,905]

hi

I don't understand why you are filling out the i864, that's your wife's responsibility as the petitioner, she files it since she needs to sign it

the taxes, paystubs and employment letter are provided by your wife, so she will be sending the i864s the NVC plus all the financial documentation, she is the one that needs to prove to the government that you won't become a public charge once you get here

her parents aren't counted on the household size

her i864 will count 2 as household size, you and her, if you don't have any children

her parent's household size will be 3, mom, dad, and you as the beneficiary if they don't have any minor children that they included in their taxes

they aren't combing their income with your wife, a joint sponsor cannot combine income with a sponsor

only parents are combining their income as husband and wife

[blessed23 0]

I was just testing it out. My wife will be the one to file it

Regarding the income, my wife is currently earning more than enough this year to pass the income requirement but our problem is her W-2 last year show's her last years salary which is lower than this year and wouldn't pass the income requirement. Can we use the I-184EZ and provide her most recent evidence of income for this and submit last year's W-2 too since it's included in the checklist?

Regards,

Ron

[aleful 1,905]

hi

if you plan to use her income alone then yes, but if you are going to use her parents as joint sponsors then no

the i864EZ cannot use joint sponsors, only if petitioner meets the requirements to be the sole sponsor

[blessed23 0]

Yes we understand that he I184EZ is for her salary only. Her salary this year is much higher than last year.

Will her last year's W2 (which she will submit since its the one available) not be a factor since it has lower income and would not be enough to pass the income requirement?

Regards,

Ron