I-864/I-864a Joint Sponsor with same domicile as petitioner

[SamCos 0]

I have two inquiries and would appreciate any advice!

Background: I'm an American living with my Japanese spouse in Japan. My American step-dad will be a joint sponsor for us, as me and my husband's income is foreign earned and does not qualify to meet the sponsor requirements. 

 

Question #1: I will state in my i-864 that I have maintained my US domicile, which is my mom and step dad's home (I have proof including bank account, voting record, driver's license, etc.). Since my step dad will file a i-864 form as a joint sponsor and list this domicile address as his place of residence, would that make it seem like we are in the same household and actually he would be a household member? I do not currently live at the US domicile so I do not believe he would be considered my household member, but I'd just like to confirm. 

 

Question #2: My step dad and mom file taxes jointly. However, my mom is not employed, and all their income is earned by my step dad. Does my mom need to file an i-864a form to clarify that the income is technically my step dad's?

 

Thank you!
 

[Chancy 6,243]

1.  What did you list in your I-864, part 4, item 4 as your physical address?  Assuming you listed your Japan address, it will be obvious from looking there that you don't reside with your step-dad at the time of filing I-864.

 

2.  I-864A is not required in your case, as per the form instructions.  But I suggest you request one from your mom anyway.  Some consulates ask for I-864A from the spouse of a joint sponsor filing MFJ to document that the spouse consents to using their shared resources to financially support the immigrant.  No need to upload to CEAC unless NVC asks for it.  Just bring the I-864A to the interview to avoid any delays in case the consul officer asks for it.

 

[SamCos 0]

Thanks so much for your response!

 

1. Physical address is my address in Japan. Yes, it should be obvious. I just worry a lot about these forms 😅

 

2. Got it. She can easily fill one out in case.