I-864, USC never worked, sister as cosponsor (split)

[J. Awan 29 1]

Hey everyone 

I have a question and if anyone can help out it would be greatly appreciated....

My wife is a U.S. Citizen and is sponsoring me for an I R visa. The AOS and IV fee has been paid and the next step we were told was to fill out the DS 260 and AOS forms through CEAC...which obviously isn't working...My question is that which AOS form should be filled out if my wife's dad is the only one that can support. My wife hasn't been able to work bc we have a 1 year old daughter. Would my Father in law be a joint sponsor? And if anyone has been through this type of scenario plz give some info as to what the process will be onwards. Just want to get things sorted so there wont  be any delay once CEAC is back up 

Thanks! 

 

[Maan17 100]

2 hours ago, Junaid 018 said:

Hey everyone 

I have a question and if anyone can help out it would be greatly appreciated....

My wife is a U.S. Citizen and is sponsoring me for an I R visa. The AOS and IV fee has been paid and the next step we were told was to fill out the DS 260 and AOS forms through CEAC...which obviously isn't working...My question is that which AOS form should be filled out if my wife's dad is the only one that can support. My wife hasn't been able to work bc we have a 1 year old daughter. Would my Father in law be a joint sponsor? And if anyone has been through this type of scenario plz give some info as to what the process will be onwards. Just want to get things sorted so there wont  be any delay once CEAC is back up 

Thanks! 

 

If your wife doesn't have any income to show then your wife would file (I-864) and If your father in law is the only sponser then he would be a "joint sponser" (also would file (I-864). And if his income doesn't cover all of you then he would need co-sponser which has to be within the same household such as your mother in law, or brother in law, or sister in law (as necessary one of these members would act as family member related to the joint sponser/your father in law and they would have to file I-864a). Check poverty guidelines for affidavit of support for 2018 at uscis website (form I-864p). 

 

Hope this helps!

Edited July 28, 2018 by Maan17

[J. Awan 29 1]

12 hours ago, Maan17 said:

If your wife doesn't have any income to show then your wife would file (I-864) and If your father in law is the only sponser then he would be a "joint sponser" (also would file (I-864). And if his income doesn't cover all of you then he would need co-sponser which has to be within the same household such as your mother in law, or brother in law, or sister in law (as necessary one of these members would act as family member related to the joint sponser/your father in law and they would have to file I-864a). Check poverty guidelines for affidavit of support for 2018 at uscis website (form I-864p). 

 

Hope this helps!

Yeah we checked up on it and he does qualify....thanks for the help I appreciate it! 

[J. Awan 29 1]

Hello I have a question regarding the affidavit of support.

My wife has applied for ir visa for me (she's a U.S. Citizen) but she's never worked and so doesn't meet income requirements for affidavit of support...Her sister is going to be the joint sponsor in our case. My question is which form will she (sister) have to file? Is it I 864 or I 864a? She is married and lives in a different state. Does she have to include her husband in the household size? And what about my wife and daughter? Will she be including them along with me in the AOS? Or just me?

Thank you in advance!!

[vibgyor1111 2]

2 hours ago, J. Awan 29 said:

Hello I have a question regarding the affidavit of support.

My wife has applied for ir visa for me (she's a U.S. Citizen) but she's never worked and so doesn't meet income requirements for affidavit of support...Her sister is going to be the joint sponsor in our case. My question is which form will she (sister) have to file? Is it I 864 or I 864a? She is married and lives in a different state. Does she have to include her husband in the household size? And what about my wife and daughter? Will she be including them along with me in the AOS? Or just me?

Thank you in advance!!

both the petitioner and the co sponsor will file i-864 forms.  

[pushbrk 12,890]

2 hours ago, J. Awan 29 said:

Hello I have a question regarding the affidavit of support.

My wife has applied for ir visa for me (she's a U.S. Citizen) but she's never worked and so doesn't meet income requirements for affidavit of support...Her sister is going to be the joint sponsor in our case. My question is which form will she (sister) have to file? Is it I 864 or I 864a? She is married and lives in a different state. Does she have to include her husband in the household size? And what about my wife and daughter? Will she be including them along with me in the AOS? Or just me?

Thank you in advance!!

Both your wife and her sister will provide I-864 forms and her sister's husband the I-864a as a household member.  A different state makes no difference.  Of course the sister counts her husband and any children THEY have.  Whether YOUR daughter is counted depends on whether she is "immigrating" with you or is already a US Citizen.  Your wife does not count in her sister's household size unless the sister is claiming her as a dependant on her income taxes.

[J. Awan 29 1]

3 hours ago, pushbrk said:

Both your wife and her sister will provide I-864 forms and her sister's husband the I-864a as a household member.  A different state makes no difference.  Of course the sister counts her husband and any children THEY have.  Whether YOUR daughter is counted depends on whether she is "immigrating" with you or is already a US Citizen.  Your wife does not count in her sister's household size unless the sister is claiming her as a dependant on her income taxes.

Even if sister has enough income does her husband still have to file I-864a? Her income is 35,500. They don't have any children and my wife and daughter aren't dependents either...Thank you so much for helping! 

[Penguin_ie 5,993]

***** posts made in other threads about other subjects split and merged here.  PLease ask questions about your own case in your own thread. *****

[ahm12 83]

1 hour ago, J. Awan 29 said:

Even if sister has enough income does her husband still have to file I-864a? Her income is 35,500. They don't have any children and my wife and daughter aren't dependents either...Thank you so much for helping! 

if your wife sister filed joint tax return then husband information is also needed.

[pushbrk 12,890]

3 hours ago, J. Awan 29 said:

Even if sister has enough income does her husband still have to file I-864a? Her income is 35,500. They don't have any children and my wife and daughter aren't dependents either...Thank you so much for helping! 

If they file taxes jointly, that would be the best practice.

[pushbrk 12,890]

20 hours ago, J. Awan 29 said:

Even if sister has enough income does her husband still have to file I-864a? Her income is 35,500. They don't have any children and my wife and daughter aren't dependents either...Thank you so much for helping! 

It is not technically required but it is best practice.  If a Consular Officer decides to ask for it, and you don't have it, you will face a delay in visa issue for several weeks.