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Posted
Hello Everyone,
 
I am currently going through the process of getting US immigration visa and need some help regarding it. My father, who is a also an immigrant, has filled immigration petition for me. Now since he doesn't earn much, he can't financially sponsor me. My brother-in-law, who lives in the same house as my father and is very financially stable, has taken the responsibility of becoming my financial sponsor. Now during the visa process, my father filled the I-864 form (which I think was a mistake as it was to be filled by financial sponsor, which is my brother-in-law). Now I-864A was filled by my brother-in-law as a household member and my father signed the I-864A as a sponsor. After submitting both forms, we got an email from NVC that they have received all the documents but one document is missing that being the form I-864 filled by my brother-in-law. So we again submitted the form I-864 but this time filled by my brother-in-law. As they had only mentioned form I-864, we didn't send I-864A or any other form with it.
 
Now during my visa interview, my visa was refused and I was given a white-colored form 221(G) and my case was put on administrative hold. The form 221(G) mentioned that they need form "I-864A" between my father and brother-in-law. Now I am confused as they already have one I-864A (in which my brother-in-law is a house-hold member and my father has signed as a sponsor) but now they are asking for it again. This means that the one sent before was incorrectly filled? So this time, should my brother-in-law fill the form as a household member or should my father fill it as household member? I am baffled as to who should be the household member and who should be the sponsor in this I-864A ?
 
I would really appreciate your help and any information that you could provide in this regard would be of really big help to me.
 
Thank you!
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Your father is the main sponsor, so he must submit i864 and your brother-in-law must submit another i864a to combine income together with your father. Besides that, your father needs to submit some proof to prove the relationship between your father and your brother-in-law.

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

hi

 

the problem and confusion here is that even if they live in the same household, they aren't related, your brother in law isn't related to your father

 

your dad, as the petitioner must always file the i864 as the sponsor

 

your brother in law still can be a joint sponsor, but probably not a household member, meaning they won't be able to combine income.

 

part 2 point 1c you have to mark relationship of the household member to the sponsor

 

beneficiary spouse, spouse, parent, sibling, or dependent

 

so your brother in law can't be the household member, but can be his joint sponsor, filing an i864 as the only joint sponsor

 

he is married to your sister, right?  now does your sister work and is she a USC or LPR? she could be the household member, because she is related to your father and the proof would be a copy of her birth certificate

 

 

 

Edited by aleful
 
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