I-864 Woes and Confusion!

[Cottager 16]

I'm working on the I-485/I-864, etc package right now after entering via a K-1 visa from Canada and I am a bit stumped.

 

Here are the basic details:

 

- My wife, the petitioner, is a medical student with $0 income. She will file an I-864. We live together in Nebraska.

- Her mother is our joint sponsor. She makes $60k per year. She files joint taxes with her husband, where their total final income is roughly $115k. She will also file an I-864. She lives with her husband in Florida.

- My wife's father is not involved in the sponsoring process, as he lives in Europe for half the year. He is in Greece until at least September.

 

From my understanding, my mother-in-law's household size is 3 (her, her husband, and me, even though I live elsewhere with my wife). On top of that, her husband does NOT have to file an I-864a form because the mother-in-law's income is more than enough, correct?

 

Also, one more thing to add: does the father in law have to be included on I-864 part 6 question 3 because the mother-in-law's income is enough to support me? Or does he have to be added and detailed as well? His finances are a bit more complex than hers are and he is also out of the country, so if we don't have to involve him directly that would be great. As much as he loves me, he's on the other side of the world right now!

Edited March 24, 2018 by Cottager

[sarrobo 18]

My mother joint-sponsored my husband with me. Her income was above the level required but we still included her husband (my stepfather) as a household member and filed an 864-A because they file taxes together. This was just my understanding from reading the instructions... I guess I could've been wrong about needing to include this information, but our application was approved.

[Cottager 16]

Thanks. Does anyone else have any experience with this sort of situation? Looking to get a couple perspectives if possible!

 

[Cottager 16]

18 hours ago, Dee elle said:

The i 864 instructions do not require 864a if the joint sponsor meets the requirements alone. Some vjers will encourage you to have it completed as well, but it is not required. If you get an RFE, then get it done. If you don t get an RFE, then all is good .

He needs to be included in her household size,  6.3  , as they file jointly, but not at 6.8, where it asks about if you are using other household members, which you are not . 

Thank you Dee elle, that's what I thought. It just doesn't make sense to have him file all this work when he really isn't a part of it at all. Appreciate the insight! You all have been so helpful throughout this whole process so far.