Employed to Unemployed CR-1 (merged topics)

[troyniss 1]

On 2/1/2021 at 8:49 PM, pushbrk said:

And if he's married, his wife completes and signs an I-864a whether she has income or not.

 

Please note the meaning of assets has nothing to do with income.

So for example,

 

If I use one of my close friends to be my joint sponsor, that person also fills out I-864. Now, if that close friend is married, their spouse has to fill out I-864. So in total:

Me: Fills out I-864
Close Friend: Fills out I-864
Close Friends Spouse: Fills out I-864a

Is this correct?

This gets more confusing by the day.
Assuming my joint sponsor alone meets the requirement for income to sponsor my spouse, then why would it be needed that their spouse should need to supplement it?
 

[pushbrk 13,157]

8 hours ago, troyniss said:

So for example,

 

If I use one of my close friends to be my joint sponsor, that person also fills out I-864. Now, if that close friend is married, their spouse has to fill out I-864. So in total:

Me: Fills out I-864
Close Friend: Fills out I-864
Close Friends Spouse: Fills out I-864a

Is this correct?

This gets more confusing by the day.
Assuming my joint sponsor alone meets the requirement for income to sponsor my spouse, then why would it be needed that their spouse should need to supplement it?
 

You have it correct, yes.  Why it's needed is that if you don't do it, and the Consular Officer asks for it, there will be a delay in visa issue.  It's a contract.  Have you read it?  Have you read the I-864 instructions?  The contract part is significant.  Lot's of "close friends" won't sign it.  Do your homework.

 

The affidavit of support is not just about showing you know somebody with a good income.

Edited February 2, 2021 by pushbrk

[troyniss 1]

3 hours ago, pushbrk said:

You have it correct, yes.  Why it's needed is that if you don't do it, and the Consular Officer asks for it, there will be a delay in visa issue.  It's a contract.  Have you read it?  Have you read the I-864 instructions?  The contract part is significant.  Lot's of "close friends" won't sign it.  Do your homework.

 

The affidavit of support is not just about showing you know somebody with a good income.

Directly from the form itself:

A separate Form I-864A must be used for each household member whose income and/or assets are being used by a sponsor to qualify.

 

So the I-864A is only needed if the Joint Sponsor's spouse is supplying income as well, which in this case, they wouldn't be. My Joint Sponsor alone has enough income for me and my wife. Therefore just the i-864 for him.

[pushbrk 13,157]

11 hours ago, troyniss said:

Directly from the form itself:

A separate Form I-864A must be used for each household member whose income and/or assets are being used by a sponsor to qualify.

 

So the I-864A is only needed if the Joint Sponsor's spouse is supplying income as well, which in this case, they wouldn't be. My Joint Sponsor alone has enough income for me and my wife. Therefore just the i-864 for him.

Yes, those are the USCIS instructions, but USCIS doesn't issue visas.  Consulates do.  Whatever a Consular Officer asks for SUDDENLY becomes REQUIRED.  It would be a mistake not to provide an I-864a from a spouse filing a joint tax return with your joint sponsor.  Take it to the bank.

[troyniss 1]

Just now, pushbrk said:

Yes, those are the USCIS instructions, but USCIS doesn't issue visas.  Consulates do.  Whatever a Consular Officer asks for SUDDENLY becomes REQUIRED.  It would be a mistake not to provide an I-864a from a spouse filing a joint tax return with your joint sponsor.  Take it to the bank.

I thank you for the information. Better safe than sorry. I'm not sure though if they have filed jointly as they are newly married. I guess if they did then the I-864A would be required. If they didn't file jointly, does this only mean I need the I-864, or should I just get both anyways?

[pushbrk 13,157]

3 minutes ago, troyniss said:

I thank you for the information. Better safe than sorry. I'm not sure though if they have filed jointly as they are newly married. I guess if they did then the I-864A would be required. If they didn't file jointly, does this only mean I need the I-864, or should I just get both anyways?

Both anyway.  They'll file jointly before the visa interview.  The ISSUE is the contract.  Consular IV units tend to want both spouses to sign the contract in a joint sponsor situation.