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sparky2813

I-864A and filing jointly - but different address

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Filed: K-1 Visa Country: United Kingdom
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Hi VJers,

I'm trying to get ahead of the game and figure out the I864 when doing AOS from the K1 visa, although I am still at the K1 stage (I am the petitioner).

I've been looking at the forums but not found anything on my specific situation. At AOS, my mum will be co sponsor as I do not earn any money. She currently files taxes jointly with my dad. Everything I have read indicates that because she files jointly with my dad, he will need to fill out at I-864A. However, he will not be a household member, which is a requirement for the I-864A. The only people living in the house will be myself, my fiance, and my mother. My concern is that if my mother fills out the I-864 OR the I-864A, USCIS will want the I-864A from my dad even though the instructions say it is not necessary if my mother can provide proof of her own income.

The best solution I can come up with, as we won't be filing AOS until February/March next year, is for my mum to file taxes separately from my dad in January when it opens for 2016. Then she would have 1 years taxes filed separately (still married) and the two years prior filing jointly. Would this likely work, or are there any alternatives I am missing? I am currently going through the headache of a 221g at the K1 point so I am determined to not get one at AOS.

Thanks!

Edited by sparky2813
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Filed: Citizen (apr) Country: Argentina
Timeline

hi

of course they need to provide their own income, immigration needs to know how much each of every sponsor or joint sponsor makes

they need to send financial documents to back up what is written on the form, aside from the taxes, such as paystubs, W2s and employment letter if possible

that is so weird that they are married but not living together. does your mom need your dad's income. or does she make enough to cover 3 people?

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