I864 - I864A

[Tijani 0]

I need some clarity on who needs to file I864 and I864A 

 

The background is :

LPR submitted i-130's for her 3 children, we recently have gotten the approvals and contacted by NVC. 

 

Now, the petitioner has no income, her husband (also LPR, parent of the beneficiaries) has income which does not meet the financial requirements. 

 

son in law of the petitioner would be a cosponsor. 

 

from what I gather :

 

petitioner  (mother of beneficiaries) fills I-864 

husband of petitioner (father of beneficiaries) fills I-864A

son in law fills I-864A

 

Alternative reading: because petitioner and her husband are married and file taxes jointly, they only need to submit one I-864 ?

son in law fills i-864 A ?

 

additional detail , son in law and spouse ( daughter of petitioner, sibling of beneficiaries) file taxes jointly, she has income and may or may not clear the threshold,  does she have to fill i-864A ?

 

 

is one set of i-864's enough for the beneficiaries, of each one requires his/her own?

 

please any insight into this situation is welcome .

 

 

 

I-130 sent: 1/27/2017 

1-130 approved : 11/01/2019 

contacted by NVC : 12/20/2019

 

 

[Villanelle 4,122]

I'll try to keep it simple. The petitioner always does the 864. She lists her income on it. She can also list income from household members (including her spouse). Any household member would need the 864a attached to her 864.

 

Her son in law - unless he is part of her household, which I am assuming he is not- would fill out his own 864 as a Co or joint sponsor and the same applies. He lists his income on it and if needed income from his spouse or other household members on an 864a attached to his 864.

 

Even if his spouse is not including income it is recommended she still fills out the 864a and attached it. Some officers want to be sure the spouse is aware of the financial burden being undertaken. 

 

So unless they all live at the same address and qualify as house hold members on her 864 - son in law needs his own 864

[Tijani 0]

Thank you @Villanelle it seems clear enough now.