Does joint sposor spouse need to file i864a if she has no income.(merged)

[oraarp410 0]

Hi,

I filled i130 petition for my father and it is approved, also IV & AOS fees also paid. my father is now in India and will have interview in Mumbai Consulate if affidavit of support approved.

now, I need to submit affidavit of support for him.

I will file i864 for him and my husband will file i864a because we both have income and we file tax jointly.

and My Cousin will also file i864 as a joint sponsor because our income is below poverty guideline.

my cousin makes enough income to cover my father. his wife has no income since many years.

Now, the question is "Does my cousin's wife need to file i864a"?

because first page of I-864A instruction states following:

"Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements."

And my cousin also not mention his wife income in i864 (PART 6 , item 3,6,9 and 12) . he left blank on other household member's income. because his wife does not have any income.

Also i864 (PART 6, Item 16) says that " The people listed in Item Number 3,6,9 and 12) have completed form i864A.. " in this case my cousin left blank because he is not using any other household member's income.

Also he is not showing any Asset to i864 because his income I well over then require.

Hence, it seem to me that my cousin's wife don't require to file i864A.

but one of my friend told me, it will delay the case and NVC will ask i864A from my cousin's wife. it is require as she is household member.

Please Help me on this.

Thank You.

Edited December 17, 2015 by oraarp410

[oraarp410 0]

Hi,

I filled i130 petition for my father and it is approved, also IV & AOS fees also paid. my father is now in India and will have interview in Mumbai Consulate if affidavit of support approved.

now, I need to submit affidavit of support for him.

I will file i864 for him and my husband will file i864a because we both have income and we file tax jointly.

and My Cousin will also file i864 as a joint sponsor because our income is below poverty guideline.

my cousin makes enough income to cover my father. his wife has no income since many years.

Now, the question is "Does my cousin's wife need to file i864a"?

because first page of I-864A instruction states following:

"Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements."

And my cousin also not mention his wife income in i864 (PART 6 , item 3,6,9 and 12) . he left blank on other household member's income. because his wife does not have any income.

Also i864 (PART 6, Item 16) says that " The people listed in Item Number 3,6,9 and 12) have completed form i864A.. " in this case my cousin left blank because he is not using any other household member's income.

Also he is not showing any Asset to i864 because his income I well over then require.

Hence, it seem to me that my cousin's wife don't require to file i864A.

but one of my friend told me, it will delay the case and NVC will ask i864A from my cousin's wife. it is require as she is household member.

Please Help me on this.

Thank You.

Edited December 17, 2015 by oraarp410