IR 5 a little concern

[blue_angel_29 108]

 

Asking for my friend, J.

 

J is a USC, he petitioned his parents in the PHILIPPINES. He didnt make enough income when he petitioned his parents. His co sponsors were his uncle and aunt (uncle and dad are siblings). 

 

So, the attachement that i have, they were asking for an 864 from the uncle and 864a for the aunt, 

 

Is that right? Isn't i864 supposed to be from the petitioner? 

 

The letter says they will make an appointment for interview anyway but J is worried that it may get denied?

 

Thank you for the replies.. 

[Georgia16 2,858]

Your friend will be the main sponsor therefore he does the I-864 but because he doesn't make enough his Uncle will be a co-sponsor and he will also be doing a I-864 and since he is married to the Aunt she will have to do the I-864a

[blue_angel_29 108]

1 minute ago, Georgia16 said:

Your friend will be the main sponsor therefore he does the I-864 but because he doesn't make enough his Uncle will be a co-sponsor and he will also be doing a I-864 and since he is married to the Aunt she will have to do the I-864a

Awesome, awesome. So it is right that his uncle also does the i864, not the i864a.

 

I thought ALL co sponsors fill out the i864a form. 

 

Thank you for clearing this up. 

[Georgia16 2,858]

8 minutes ago, blue_angel_29 said:

Awesome, awesome. So it is right that his uncle also does the i864, not the i864a.

 

I thought ALL co sponsors fill out the i864a form. 

 

Thank you for clearing this up. 

Yes he should bring it to the interview.

[aleful 1,905]

hi

 

no, the i864A is only for household members which are spouses or direct family members of the petitioner, such as parents, older children or siblings that live in the same house

 

so the petitioner files an i864 as the sponsor, the uncle files the i864 and the aunt files the i864A as the household member of her husband

[blue_angel_29 108]

29 minutes ago, aleful said:

hi

 

no, the i864A is only for household members which are spouses or direct family members of the petitioner, such as parents, older children or siblings that live in the same house

 

so the petitioner files an i864 as the sponsor, the uncle files the i864 and the aunt files the i864A as the household member of her husband

THANK YOUU..

[geowrian 22,338]

37 minutes ago, aleful said:

no, the i864A is only for household members which are spouses or direct family members of the petitioner, such as parents, older children or siblings that live in the same house

sponsor* (sorry to be pedantic!)

[aleful 1,905]

Spoiler

 

the petitioner is the sponsor,

 

the household member can be the spouse of the petitioner because in this case, the petitioner is filing for parents

 

so the sponsor is the petitioner and the spouse is the household member, or the household member can be a direct family member living in the same house. we are saying the same

[geowrian 22,338]

16 minutes ago, aleful said:

  Reveal hidden contents

 

the petitioner is the sponsor,

 

the household member can be the spouse of the petitioner because in this case, the petitioner is filing for parents

 

so the sponsor is the petitioner and the spouse is the household member, or the household member can be a direct family member living in the same house. we are saying the same

I'm not disagreeing...what you said is correct in this case. I'm just saying it doesn't always have to be the spouse or direct family member of the petitioner / primary sponsor. It could also apply for a joint sponsor (i.e. a friend as a joint sponsor and their spouse).

[blue_angel_29 108]

Sorry to revive this but i just found out that this got a little complicated. 

 

So, they sent the whole application i think 2016. 

 

They had a paper rfe january 2017. They sent the 864 of my friend with 0 income and the uncle and aunt. 

 

Between getting the rfe and june 2017, the uncle and dad has a misuderstanding and the uncle doesn't want to do anything extra anymore but this time, my friend has a job already which pays AMAZING.

 

he told me he started working at a casino ang he gets paid 13 per hour plus tips as a dealer, he got the job march or april 2017. 

 

So, he sent his own i864 with a letter from employer stating he makes more than enough for 3 people, him and his parents AND the exact same 864 that his uncle/aunt sent the first time they sent the petition before getting the rfe.

 

So, that pics above where the email he got after sending his 864 with good income and his uncle/aunt 864. 

 

Yesterday, his parents got their interview date, october 6, 2017. In a month.

 

He was telling me that since he has enoigh income to support his parents, he doesn't need his uncle's 864. I was telling him to just have it in case but he is tellinh me that the uncle is unreachable. 

 

Is this a lost cause because the uncle is not being cooperative or my friend is right that since he is making enough and they got his updated 864 that his parents should be good. 

 

Also, any tips on the interview.

 

Thank you in advance.

[aleful 1,905]

Spoiler

 

it will really depend on the officer, since he just got this job the officer might accept it or it might not be enough time with not too many paystubs and might request a joint sponsor

 

all they can do is wait and see, did he send them the i884 and financial documents for them to have at the interview? he probably has more paystubs now that he can send

 

 

[blue_angel_29 108]

28 minutes ago, aleful said:

  Reveal hidden contents

 

it will really depend on the officer, since he just got this job the officer might accept it or it might not be enough time with not too many paystubs and might request a joint sponsor

 

all they can do is wait and see, did he send them the i884 and financial documents for them to have at the interview? he probably has more paystubs now that he can send

 

 

Aren't they asking for a fresh copy of the i864 of the uncle? My friend made a new 864 but the uncle is unreachable so its not signed. Will the IO accept their original 864 that they sent with the i130 petition then just new paystubs for my friend? 

 

I really hope his paystubs are enough.

[aleful 1,905]

hi

 

nope, because they requested an RFE, if the RFE was about the uncle's i864 or his wife's. they will only accept a corrected i864 based on what was requested on the RFE

 

he can get another joint sponsor if the uncle isn't available just in case

 

 

[blue_angel_29 108]

Thank you for the reply.

 

Hopefully they can convince the uncle to re - sign the paperworks. Fingers crossed