Completing I-864 and I-864A mother filing for Son, brother secondary sponsor

[nab-400 16]

Hi All,

we finally got the case # from NVC. just a quick info about our case. I filed for my mother back in 2013 everything was approved now she is in the US with me, and as soon she got here we applied for my brother using temporary Green card stamped on her passport. Finaly the case made it to NVC, and we paid the $120, so now i am in the process of filling out the affidavit of support.

after reading the instruction which is very important i found out that i need the below documents to complete the I-864.

here are the list a gathered :

• Cover-sheet
• My mother's I-864 (Primary sponsor)
• My I-864 (secondary sponsor)
• my (secondary sponsor) I-864A (since she is using my income and we are related you have to submit I-864A)

--Needed to proof we live in the same house

• Copy of my (secondary sponsor) driver license
• Copy of my mother's driver license
• Copy of my (secondary sponsor) mortgage statement

• a notarized letter stating the reason why my mother did not file taxes for the last three years( mother moved to US end 2014 so no income), and the requirements for IRS Form 1040, a single person only had to file a return if his/her gross income was at least $10,150.
• my (secondary sponsor) 2012,2013 and 2014 tax return
• my (secondary sponsor) last six months pay stub
• my last three years W2s
• my (secondary sponsor) Employment verification
• my copy of passport needed to proof if i am US Citizen or permanent residence since i am the secondary sponsor( it's listed in the I-864A checklist)
• copy of my mother's green card both sides

please let me know if i missed anythiing

Edited November 2, 2015 by nab-400

[teeak 224]

Are you submitting both an I-864 and an I-864A for yourself? Or is the I-864A from your spouse?

[nab-400 16]

I am submitting I-864 and I-864, because my mother can't support my brother because she does not meet income requirement, and since she is living with me and i am going to sponsor my brother, i will have to complete I-864 and I-864A as stated in the I-864 instruction Part 5 #7.

Thanks

[teeak 224]

I am submitting I-864 and I-864, because my mother can't support my brother because she does not meet income requirement, and since she is living with me and i am going to sponsor my brother, i will have to complete I-864 and I-864A as stated in the I-864 instruction Part 5 #7.

Thanks

Ok, but you don't need to submit a separate I-864 for yourself if you are submitting an I-864A.

You would provide your mother's I-864 and then your I-864A.

[nab-400 16]

I thought that i needed to submit one if my own as well. so i only need my mother's I-864 and my I-864A thanks for letting me know.

[nab-400 16]

I talked to an immigration lawyer, and this is what he said:

I need to submit I-864 form, me , the only join sponsor (I am not the petitioner), and my mother she is the petitioner and primary sponsor, need to submit I-864 and I-864A since she is using my income. so in total three forms needs to be submitted

[teeak 224]

He said your mother needs to submit an I-864 and an I-864A?

[nab-400 16]

That exactly, what he said, and i am totally confused.

[nab-400 16]

he said i need to complete I-864 and make sure to check box in part one , 1.d I am the only joint sponsor, and my mother need to check the ox 1.a I am the petitioner. I filed or am filing for the immigration of my relative

[teeak 224]

Yes, that is correct!

I am confused as to why he said your mom needs an I-864A.

I think you should just complete an I-864 and your mom complete an I-864 to avoid confusion.

[nab-400 16]

my understanding i need to file I-864A since i am the household member and we live in the same residence, and my mother needs to file I-864. I'm not sure why he asked me to file I-864

[teeak 224]

my understanding i need to file I-864A since i am the household member and we live in the same residence, and my mother needs to file I-864. I'm not sure why he asked me to file I-864

Yes, exactly. That's what I thought. Do you list your mother on your tax returns?

[nab-400 16]

yes, i do list her in my tax return.

[teeak 224]

Oooh, maybe that's why he things your mom should have her own I-864A.

What you can do is have your mom complete an I-864 and you complete an I-864A.

Let me tell you our situation:

1. My mom is a housewife and petitioned for my uncle. My dad has a job and they both married filing jointly (so she's basically on his tax return and he's a household member).

2. My mom completed an I-864 and my dad completed an I-864A as a household member.

I think you're in a similar place. It doesn't make sense to have your mom complete an I-864 and I-864A. Instead she should do an I-864 and you do an I-864A since she will list your income on her I-864.

[newacct 688]

Either:

• Your mother uses household members so that her household income becomes sufficient. She would fill out I-864, and household members (e.g. you) would fill out I-864A. Your income would be added to her household income on her I-864. There are no joint sponsors. There are no other I-864s.
• Or, your mother's household income is insufficient, and there is a joint sponsor. She would fill out I-864. She would not have any household members, and her I-864 will not list anybody else's income, because a joint sponsor is being used, which means her household income won't be considered anyway. The joint sponsor will fill out an I-864. If the joint sponsor's own income is insiffucient and needs to count income from the joint spnsor's household members, then such a household member would fill out an I-864A.