Affidavit of Support Form I-864 HELP

[sal&sar 0]

I am about to finish filling my AOS but the only thing left is the addidavit of support. My wife is a student now so she is not working " the US citizen". My mother in law sponsored me during the K1 visa process and now she will sponsor me during the AOS but i have couple of questions

1. which one does my mother in law need to fill out the I864a or the I864? Which one does my wife need to fill out?

2. Which person is the first joint sponsor and which is the second?

3. My father in law was not included on the original sponsor forms and my mother in law's income is enough that she can file the support without his income? They file a joint tax return and his income is listed on the tax return,but is self-employed and does not want to fill out all of the forms. Q 16 implies that he needs to file an I864a. Does he have to be involved?

Please help. 

[KULtoATL 1,551]

1) I-864 for wife. I-864 for mother-in-law.

 

2) Your wife is the main sponsor. Your mother-in-law is the joint sponsor.

 

3) Your father-in-law does not need a I-864a and does not need any supporting documents because he is not the second joint sponsor. Only your mother-in-law's proof of income is required for her I-864 to show how much she contributed towards her joint tax with your father-in-law.

[sal&sar 0]

So on Part 6 Item #16, she leaves the box unchecked?

[TheSkywalkers 143]

5 hours ago, sal&sar said:

1. which one does my mother in law need to fill out the I864a or the I864? Which one does my wife need to fill out?

Both your wife and mom in law needs to fill out Form I-864

5 hours ago, sal&sar said:

2. Which person is the first joint sponsor and which is the second?

Wife - main sponsor

Mom in law - joint sponsor

5 hours ago, sal&sar said:

My father in law was not included on the original sponsor forms and my mother in law's income is enough that she can file the support without his income? They file a joint tax return and his income is listed on the tax return,but is self-employed and does not want to fill out all of the forms. Q 16 implies that he needs to file an I864a. Does he have to be involved?

 We also filed K1 and AOS with a co-sponsor and got ours approved in 4 months for both processes (see timeline signature). In fact, I just had my AOS interview done and approved the other day. Officer was glad that the paperworks are complete and neatly filed and she did not ask us much about the financial part for AOS since we got it covered with paperworks.

 

During the K1 visa process, it was just my aunt who co-sponsored us. But for AOS, what we did was my aunt (co-sponsor) filled out form I-864 and her husband filled out form I-864A. I have also included a copy of their Tax Form 1040 (2016), and their social security benefits statement (2016) plus proof of US citizenship. They also file taxes jointly. The purpose of the form I-864A is to declare the agreement between my aunt and uncle that he is allowing her to use their income to sponsor me. Both of them are retired but they have a business together and are receiving social security benefits every month.

 

So the answer is yes, your father-in-law has to be involved. Your mom-in-law has to 'ask for permission' if your father-in-law allows her to be of help financially in sponsoring you in case things get out of hand. They file taxes jointly and since they live in the same house and share an income, so he has to agree first regarding up to what extent of help they are able to provide so you don't end up becoming a public charge.

 

Otherwise, you are taking a risk to submit your AOS application with a possibility of an RFE that could delay the process even more. I have read a case like that in one of the visa pages on Facebook, they failed to have the co-sponsor's spouse fill out the form I-864A and bec of that, they got an RFE.

 

Good luck!

[geowrian 22,337]

6 hours ago, TheSkywalkers said:

So the answer is yes, your father-in-law has to be involved. Your mom-in-law has to 'ask for permission' if your father-in-law allows her to be of help financially in sponsoring you in case things get out of hand. They file taxes jointly and since they live in the same house and share an income, so he has to agree first regarding up to what extent of help they are able to provide so you don't end up becoming a public charge.

 

Otherwise, you are taking a risk to submit your AOS application with a possibility of an RFE that could delay the process even more. I have read a case like that in one of the visa pages on Facebook, they failed to have the co-sponsor's spouse fill out the form I-864A and bec of that, they got an RFE.

Yeah, it's not a strict requirement for the spouse to file an I-864A, but I have seen cases where they requested it anyway (and cases where it was not requested).

[sal&sar 0]

Thank you so much guys ! 

[Ben & Katy 168]

I have a question,  what will be the filing fee for the I-864?  I filed the 1-130 & 130A two weeks ago and paid 535.  I just want to plan ahead.  I also saw something about an IV fee?

[geowrian 22,337]

7 minutes ago, ironpatriot1 said:

I have a question,  what will be the filing fee for the I-864?  I filed the 1-130 & 130A two weeks ago and paid 535.  I just want to plan ahead.  I also saw something about an IV fee?

No fee for the I-864 itself. However, there is a fee for NVC to review it (https://travel.state.gov/content/visas/en/fees/fees-visa-services.html). At NVC, you will need to pay $325 for the IV processing fee + $120 for the I-864 to be reviewed. Total: $445

 

Once the visa is approved, you need to pay the $220 Immigrant Fee before they will send the physical green card to you after POE.

 

There's also the cost for the medical/vaccinations.

[Ben & Katy 168]

4 hours ago, geowrian said:

No fee for the I-864 itself. However, there is a fee for NVC to review it (https://travel.state.gov/content/visas/en/fees/fees-visa-services.html). At NVC, you will need to pay $325 for the IV processing fee + $120 for the I-864 to be reviewed. Total: $445

 

Once the visa is approved, you need to pay the $220 Immigrant Fee before they will send the physical green card to you after POE.

 

There's also the cost for the medical/vaccinations.

OK thank you!  

 

Where is that $220 immigrant fee paid?  Is it paid at the consulate in Juarez where we will eventually interview? I know that we pay the medical/vaccinations in Juarez.  

[geowrian 22,337]

41 minutes ago, ironpatriot1 said:

OK thank you!  

 

Where is that $220 immigrant fee paid?  Is it paid at the consulate in Juarez where we will eventually interview? I know that we pay the medical/vaccinations in Juarez.  

It's paid anytime after the visa is approved, and is paid online. It can be paid after POE as well, but they won't send the physical card until it is paid (the endorsed visa is a temporary card for 1 year).

Info: https://www.uscis.gov/file-online/uscis-immigrant-fee

[Ben & Katy 168]

7 minutes ago, geowrian said:

It's paid anytime after the visa is approved, and is paid online. It can be paid after POE as well, but they won't send the physical card until it is paid (the endorsed visa is a temporary card for 1 year).

Info: https://www.uscis.gov/file-online/uscis-immigrant-fee

Thanks for the information! 

 

So I have come to the conclusion that here on out I need to budget for around $885 total in future fees.

 

$445 total to pay online when I am doing the IV and Affidavit of Support/DS 230;

 

$220 to pay at servicios medicos/la frontera for the medical exam in Ciudad Juarez

 

and $220 to pay online for her green card to come in the mail either before or after POE. 

 

The good thing is that I can pay the $220 medical fee with credit card in Juarez and also the immigration fee before or after POE also with credit card.