I cant even get past question 1a - 1f on AOS I-864

[DeadFish 1]

I don't understand this:

 

Item Number 1.d. Select this box if you are the only joint sponsor.

 

By definition, joint means TWO, right? so how can you be the only joint sponsor.

 

My situation is this:

 

My mom has agreed to be my wife's sponsor for AOS.

Since I am an US citizen living abroad with my wife, our income is foreign and will not be continuing so its non-existent and my assets would be crushed by 1/3 market value making it difficult to be above the I-864p for household of 2. 

This 1/3 market value statement was according to another immigration help website ( http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-3.html)

 

Can anyone offer guidance in this situation. How do I proceed? 

Thanks in advance. 

 

 

 

 

[Tanish 197]

If you are taking only one other co-sponsor (apart from yourself), you can check " Item Number 1.d. Select this box if you are the only joint sponsor. "

 

"Only joint sponsor" indicates that there is only one other person other than petitioner who is going to co-sponsor the applicant. You are correct about 1/3 of market value on your assets. It is available in the guide for I-864 on USCIS website as well.

[DeadFish 1]

2 minutes ago, Tanish said:

"Only joint sponsor" indicates that there is only one other person other than petitioner who is going to co-sponsor the applicant.

 

But if that is the definition of "only joint sponsor", then why does line 1.e  exist?  I am the ____ first of _____second of two joint sponsors. 

 

 

 

 

 

 

 

[Tanish 197]

9 minutes ago, DeadFish said:

 

But if that is the definition of "only joint sponsor", then why does line 1.e  exist?  I am the ____ first of _____second of two joint sponsors. 

 

I have not used Joint-Sponsor, so I do not have my all previous "joint Sponsor" research with me. I will see to your query and reply when I can. Meanwhile you may get some more credible answer from other experienced members. Good luck. You will receive your solutions soon.

[broppy 204]

55 minutes ago, DeadFish said:

I don't understand this:

 

Item Number 1.d. Select this box if you are the only joint sponsor.

 

By definition, joint means TWO, right? so how can you be the only joint sponsor.

You're not a joint sponsor, you're the petitioner - select 1.a on your I-864. Your mom is a joint sponsor and she's the only one (because you're the petitioner) - select 1.d on her I-864.

 

If you needed to rely on a third person to bring the income up to  the required level, you would then have two joint sponsors (plus yourself as petitioner) and make use of 1.e selecting first or second for each of their I-864s.

[DeadFish 1]

5 minutes ago, broppy said:

on her I-864.

You meant, on her I-864A.   right?

 

sorry, I mean...

 

for me I will select 1a.  I am the petitioner, and also

mark her down on my I-864 as using her income on Part 6, Person 1.  ( she submits a I-864A)

Edited March 15, 2017 by DeadFish

[broppy 204]

6 minutes ago, DeadFish said:

You meant, on her I-864A.   right?

No. You said you're living abroad with your wife. Assuming your mom's in the US, she's not a household member, so I-864A doesn't apply. 

[DeadFish 1]

1 minute ago, broppy said:

No. You said you're living abroad with your wife. Assuming your mom's in the US, she's not a household member, so I-864A doesn't apply. 

Hi broppy, You are saying:

For me: submit my I-864 and I sign it as petitioner. 

and for my mom: I-864 and checkmark "I am joint sponsor",  are you sure about that?

 

My mom is not the immigrant, my wife is...  maybe you made a mistake and think that?  

 

 ( reference: Part 6. item 17   more specific household number will now increase from 2 to now 4, my parents)

If my wife's income was continuing from abroad and living with me she would not need a I-864A. 

which is not the case. Her foreign income will stop soon as we leave for USA. 

Because if the income was from the immigrant continues and has no dependents, do not need to complete form I-864A.

 ( reference: Part 6. item 17)  Maybe that is what you were referencing? 

 

I think the solution is:

I-864A submitted by my mom. with my I-864. 

 

Part 6 Sponsor's employment and income:

Because my foreign income wont be continuing, I am unemployed. 

My annual income would effectively be 0.  I will still submit my assets, and tax info. 

 

 income I am using from another person... my mom. (Person 1.)  my dad is retired. 

It states that they need to fill out a I-864A.

( Part 6 Items 3- 14). 

 

In addition because I am using my "mom's income" I am going to assume she always did her taxes with my dad... so my household is going to increase to 4. Which again states, that in Part 5. Item 7... to fill out a I-864A. 

 

If you want explain how you came to the conclusion that my mom doesnt need to fill out a I-864A, please do so. 

 

 

 

 

 

 

 

 

[broppy 204]

13 minutes ago, DeadFish said:

Hi broppy, You are saying:

For me: submit my I-864 and I sign it as petitioner. 

and for my mom: I-864 and checkmark "I am joint sponsor",  are you sure about that?

 

My mom is not the immigrant, my wife is...  maybe you made a mistake and think that?  

Yes, I understand that. I assume mom is a citizen living in the US.

 

13 minutes ago, DeadFish said:

Part 6 Sponsor's employment and income:

Because my foreign income wont be continuing, I am unemployed. 

My annual income would effectively be 0.  I will still submit my assets, and tax info. 

Yes, you and wife live abroad and will both move to the US when she immigrates. Neither of your income will continue.

 

13 minutes ago, DeadFish said:

 income I am using from another person... my mom. (Person 1.)  my dad is retired. 

It states that they need to fill out a I-864A.

( Part 6 Items 3- 14). 

 

In addition because I am using my "mom's income" I am going to assume she always did her taxes with my dad... so my household is going to increase to 4. Which again states, that in Part 5. Item 7... to fill out a I-864A. 

 

If you want explain how you came to the conclusion that my mom doesnt need to fill out a I-864A, please do so.

It's not that mom doesn't need to fill out I-864A - she can't. The comments for Part 5 Item 7 are crucial: "If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A". Your mom doesn't live with you - she's not a part of your household and can't supplement your income in this way. Your household size is 2 (you plus wife), and your total income/assets won't meet the requirements.

Your mom completes her own I-864. Her household size is three (your wife, your mom, your dad). And presumably once she completes the income/assets section, her total is sufficient to meet the poverty requirements for a household size of 3.

[DeadFish 1]

Interesting, thank you for clarifying. 

 

I was just about to open a thread about household size.

Here is my question regarding that:

 

My wife and I, will be living with my parents temporarily when we we return to the US.

So on our documents we have used my parents residential address on I-130, and AOS. 

 

so wouldn't the household size be 4? 

 

Thanks for all of your fast replies! Much appreciated. 

 

 

 

[DeadFish 1]

Nevermind, I answered my own question... after reviewing the household size questions. 

 

well, actually you did. 

 

Thanks for your help. 

 

 

 

[Ryan H 3,812]

 

On 3/15/2017 at 7:22 AM, broppy said:

If you needed to rely on a third person to bring the income up to  the required level, you would then have two joint sponsors (plus yourself as petitioner) and make use of 1.e selecting first or second for each of their I-864s.

 

This would not be permissible for a spouse visa case.

[DeadFish 1]

My mom is retired and I guess just does a little work for her old company here and there.

So at this moment, I don't know if she has a W-2 or whatever that will distinct her income from my dad who is completely retired.

 

Do you think its best that my dad submits a I-864A ?

Since my parents file taxes jointly and separation of assets from my mom might be difficult. 

Also to show who the third person is in that household of 3 ( my wife, my mom & dad) - on my mom's I-864. 

[Ryan H 3,812]

5 hours ago, DeadFish said:

My mom is retired and I guess just does a little work for her old company here and there.

So at this moment, I don't know if she has a W-2 or whatever that will distinct her income from my dad who is completely retired.

 

Do you think its best that my dad submits a I-864A ?

Since my parents file taxes jointly and separation of assets from my mom might be difficult. 

Also to show who the third person is in that household of 3 ( my wife, my mom & dad) - on my mom's I-864. 

 

That would be the simplest way to go about it.