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F1_to_Green

I864 vs I864EZ (when joint sponsor is involved)

By F1_to_Green in Adjustment of Status from Work, Student, & Tourist Visas

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katietw95 Explorer

katietw95   16

Posted
Filed: Citizen (pnd) Country: India
 Timeline
Posted

I think to avoid any future checklists and RFEs, its best if your wife completes an I-864 instead of the EZ version. When in doubt, go with the regular I-864 Form.

Who knows if reviewers at NVC are divided on the matter just like members of VJ! Lol.

I agree with this.

newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted (edited)

But if you read the "When not to use the I-864EZ", point 3, section in the instructions, it says you cannot use I-864EZ if you are a joint sponsor, which the OP will be if he is having someone else help sponsor to meet the income requirements.

http://www.uscis.gov/sites/default/files/files/form/i-864ezinstr.pdf

Nope. The OP's petitioner is definitely not a "joint sponsor". That's why the joint sponsor checks the box "I am the only joint sponsor".

Edited by newacct
newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted (edited)

I'm not sure I understand you here, my apologies. I didn't think I fill out an I-864 for myself? My income is all from scholarships, so they don't show up as earnings on my tax return, meaning my earnings are technically $0. That's why I'm using a joint sponsor. So I was not going to fill out an I-864 for me at all. Just my wife is going to file one, (because she has to as my spouse and petitioner), and then my mother-in-law, (who is the joint sponsor and the one who can show the necessary $$ on her tax return).

I think, though, what you're saying is that 'joint sponsor' refers to anyone else on that same specific I-864 (i.e. other household members), not for anyone else also filing I-864 as part of the overall application. In which case, I'm inclined to agree with you. But correct me if I've misunderstood.

Sorry, I got the petitioner and beneficiary messed up. So your wife is the petitioner. Her I-864 to sponsor you does not use anybody else's income. Your mother in law does not show up on your wife's I-864 at all and the only person whose income is used on your wife's I-864 is your wife herself. So your wife should be able to use an I-864EZ.

Your mother in law is a "joint sponsor" (the only joint sponsor) filling out a different I-864 for you. A "joint sponsor" does *not* show up on your wife's I-864.

Edited by newacct
kamw Collaborator

kamw   93

Posted
Filed: IR-1/CR-1 Visa Country: Jamaica
 Timeline
Posted

Sorry, I got the petitioner and beneficiary messed up. So your wife is the petitioner. Her I-864 to sponsor you does not use anybody else's income. Your mother in law does not show up on your wife's I-864 at all and the only person whose income is used on your wife's I-864 is your wife herself. So your wife should be able to use an I-864EZ.

Your mother in law is a "joint sponsor" (the only joint sponsor) filling out a different I-864 for you. A "joint sponsor" does *not* show up on your wife's I-864.

Sorry, I got the petitioner and beneficiary messed up. So you wife is the petitioner. Her I-864 to sponsor you does not use anybody else's income. Your mother in law does not show up on your wife's I-864 at all and the only person whose income is used on your wife's I-864 is your wife herself. (But it does not qualify. So in order to fulfill the requirement she JOINS with someone to have their income evaluated with hers). So your wife should be able to use an I-864EZ.

Your mother in law is a "joint sponsor" (the only joint sponsor) filling out a different I-864 for you. A "joint sponsor" does *not* show up on your wife's I-864.

09/27/14 Married :content:

12/03/14 Became a US citizen :star:

. .

02/25/15 130 Petition sent

02/27/15 NOA1 date :clock:

07/23/15 NOA2 date

08/03/15 Mailed to NVC

08/07/15 NVC Received

08/19/15 Case number assigned, submitted DS-261

08/20/15 Paid AOS bill

08/25/15 Received welcome letter

08/25/15 Sent AOS & IV package

08/31/15 DS-261 reviewed

08/31/15 AOS & IV scan date confirmed by Sup.

09/02/15 Received IV bill by email

09/03/15 Paid IV bill

09/09/15 Submitted DS-260

09/17/15 Case Completed @ NVC

10/06/15 Expedite Request sent to NVC

11/12/15 Contacted Sen. Marco Rubio for assistance with expedite by email

11/19/15 Expedite Approved

12/9/15 Medical

12/11/15 Interview (Approved)

12/14/15 CEAC Status changed to AP

12/15/15 CEAC Status Changed to Issued

12/18/15 Picked up Passport & booked hubby's ticket.

12/31/15 Ring in the New Years together after 4 years!!!! :dancing:

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newacct Experienced

newacct   688

Posted
Filed: Timeline
Posted

Sorry, I got the petitioner and beneficiary messed up. So you wife is the petitioner. Her I-864 to sponsor you does not use anybody else's income. Your mother in law does not show up on your wife's I-864 at all and the only person whose income is used on your wife's I-864 is your wife herself. (But it does not qualify. So in order to fulfill the requirement she JOINS with someone to have their income evaluated with hers). So your wife should be able to use an I-864EZ.

Your mother in law is a "joint sponsor" (the only joint sponsor) filling out a different I-864 for you. A "joint sponsor" does *not* show up on your wife's I-864.

The immigrant finds an additional sponsor. But that is not relevant to the petitioner who fills out the I-864.

 
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