Is a I-864A Required And If So What Proof?

[Cilllah 482]

Good morning,

I am just going through the process now and wondering if I need an I-864A for our application. My fiance started a new job last month that meets the requirements after finishing school but his income has been wonky previously and he was furloughed during COVID so to be safe we are getting my FIL to do a I-864 as well along with the supporting documents. He more than meets the requirements on his income. The issue comes that he files jointly with his wife. I have been looking into it and I can't see one way or the other whether or not she needs to fill in an I-864A? I don't need her income but if it is required I will submit one. If I have to submit what proof do I need to have with the I-864A? Is it the same full load of documents as the sponsor and joint sponsors I-864 or does the I-864A require different documentation?

Thanks!

[Cilllah 482]

A second question - My father-in-law is the joint sponsor and as he files jointly with his wife she will fill out i-864A. But for him do I still tick 1.d I am the only joint sponsor? Or does my mother-in-law completing a i-864A make her a second joint sponsor?

[Lil bear 4,283]

K1 fiancé visa requires I134.  You will require the I 864 series of forms for the next stage .. Adjustment of Status... which you will do in the US after you have married. 

[Cilllah 482]

1 minute ago, Lil bear said:

K1 fiancé visa requires I134.  You will require the I 864 series of forms for the next stage .. Adjustment of Status... which you will do in the US after you have married. 

I know. I am in the US already after having completed K1. We get married in ten days but are working on the packet now so we can submit it straight away.

[Lil bear 4,283]

1 hour ago, Cilllah said:

I know. I am in the US already after having completed K1. We get married in ten days but are working on the packet now so we can submit it straight 

Edited August 11, 2020 by Lil bear
Self deleted

[Cilllah 482]

No worries. Sorry if this is confusing. To clarify I am already in the US and doing the paperwork. My fiance and I get married NEXT week but I want to have it all ready to go.

[wryly 47]

As far as I can tell, the I-864a isn't required because there is currently a national health emergency in response to the COVID-19 outbreak.

 

"On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction)"

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

 

"As long as the July 29, 2020, SDNY injunction is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition."

 

https://www.uscis.gov/i-864a

[Ayrton 965]

25 minutes ago, wryly said:

As far as I can tell, the I-864a isn't required because there is currently a national health emergency in response to the COVID-19 outbreak.

 

"On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction)"

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

 

"As long as the July 29, 2020, SDNY injunction is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition."

 

https://www.uscis.gov/i-864a

 

The injuction has nothing to do with the 864a. The injuction only blocks the I-944, which is related to the 864, that's why the warning is on the page as well.

 

I answered them on the August post.

 

864a for the spouse is not necessary as long as you also send the w2 for the joint Sponsor.

Edited August 12, 2020 by Ayrton