AOS Household Size & Joint Sponsor Maiden Name

[RealDrift 0]

So I am the beneficiary and I came to the US on a K1 visa. After marriage my wife (the sponsor) filed for AOS. She didn't meet the poverty threshold so her mother was our joint sponsor. We three all live in the same house and her mother claims my wife as a dependent. 

 

I received a RFE notice asking that my wife submit a I-864 form even though we have a joint sponsor. The RFE also asked for the joint sponsor's proof of citizenship. Now my questions are:

 

1) My mother-in-law's birth certificate has her maiden name and obviously on the I-864 her last name is her married name. Is it okay to submit her birth certificate as proof of citizenship? Or should I submit a copy of her license which shows her married name?

 

2) My mother-in-law submitted the I-864 in the AOS package and for Part 5 she wrote:

 

1. 1

2. 1

3. 0

4 .1 (this is my wife)

5. 0

6. 0

7. 0

8. 3

 

When my wife now fills out the same section on her I-864 she has done it like so:

 

1. 1

2. 1

3. 0

4 .0

5. 0

6. 0

7. 0

8. 2

 

The problem is that this creates a household size of 2 for my wife when her mother's I-864 said 3. Would that not pose a problem?

 

3) Does my wife need to fill out Part 6 Item 3 and include her mother there? The instructions says to only include individuals here if they are submitting an I-864A - but my mother-in-law has submitted an I-864. Should my wife leave this blank?

 

I would really appreciate someone's help, I am already gutted about getting an RFE (I know it's my fault for not double-checking I'd submitted everything).

 

Thank you

[nightingalejules 678]

The spouse is always the primary sponsor, so she needs to fill in the form even though she knows she won't qualify alone.  Hence the joint sponsor (emphasis on joint - that is, in addition to the primary sponsor).

 

1. Driver's licence is not proof of citizenship. If she's using her birth certificate, she will also have to submit marriage license for the name change. Simplest ID would be her US Passport.

 

2. I'm not looking at the form, but it makes sense that your mother-in-law's household size would be 3 and your wife's would be 2. Your wife doesn't have to claim her mom, since your wife is not financially responsible for her mom.

[RealDrift 0]

Thank you for your response. My mother-in-law was married once before so she’s had two name changes since her birth name. So should I include both marriage licenses? She doesn’t have a passport so this would be the quickest way.

 

Also, if I do submit both marriage licenses do they need to be certified copies or can I just send photocopies?

 

thanks again