Spouse of I-864 doesn't want to file I-864A (split)

[Jonnatjer 0]

Hi all, what if my brother in law doesn't want to sign I864A? are there any remedies? thank you.

[aaron2020 11,651]

None.

Is your sister the petitioner or the Joint Sponsor?  What kind of case is this?  Which US Embassy/Consulate?

[Jonnatjer 0]

My brother in law doesn't want to sign i864a but my sister is a nurse practitioner and nvc says she should submit i864a of her husband. any work around on this? can she refile i864 and without including other family members so she won't submit i864a? thank you. 

[aaron2020 11,651]

8 minutes ago, Jonnatjer said:

My brother in law doesn't want to sign i864a but my sister is a nurse practitioner and nvc says she should submit i864a of her husband. any work around on this? can she refile i864 and without including other family members so she won't submit i864a? thank you. 

Please don't hijack other people's thread with your question.  That's not allowed.  I copied your post onto this thread.  

There is no work around.  

Your sister can not refile an I-864 without including her husband in her household count. 

[Jonnatjer 0]

30 minutes ago, aaron2020 said:

Please don't hijack other people's thread with your question.  That's not allowed.  I copied your post onto this thread.  

There is no work around.  

Your sister can not refile an I-864 without including her husband in her household count. 

sorry for that. 🤐 thank you. 😊

[Penguin_ie 5,997]

**** three posts split from other threads by other members and merged here.  Please don't post your question in other threads, or more than once.  If you have extra info or a follow on question, post them as a reply here. *****

[AJ2019 58]

If petitioner doesn't have enough income, and there isn't another joint sponsor, you would need to supplement with enough assets. I'm not recalling on top of head what the ratio is between difference of income to assets. I want to say 5 (times) - meaning if petitioner is, for example, $2,000 short in income, he/she would need to have $10,000 in assets that not primary home, and some other restrictions. 

 

Hope this helps ...

Edited April 29, 2021 by AJ2019
corrected typo

[nastra30 2,374]

Your brother in-law doesn't want to be on the hook for any govt debt you might incur; the I864 is a sort of like a contract between the signers and the govt. I don't know what the trust level you have with you BIL; I can assume you've probably have already talked to him. If he doesn't want to sign you can't force him and there's nothing you can do about it. You may want to look for another sponsor/co-sponsor. Good luck.

[pushbrk 13,143]

16 hours ago, Jonnatjer said:

sorry for that. 🤐 thank you. 😊

The issue is that she must be honest in every answer, including that she is married.  There is no actual lawful requirement for her husband to complete and sign an I-864a, but it is the best practice.  However, if NVC or a Consular Officer actually asks for the I-864a, then it IS "required".

 

What is the exact wording of any message you are reading from NVC that give you the impression they are asking for the I-864a?

[Jonnatjer 0]

On 4/30/2021 at 6:44 AM, pushbrk said:

The issue is that she must be honest in every answer, including that she is married.  There is no actual lawful requirement for her husband to complete and sign an I-864a, but it is the best practice.  However, if NVC or a Consular Officer actually asks for the I-864a, then it IS "required".

 

What is the exact wording of any message you are reading from NVC that give you the impression they are asking for the I-864a?

NVC message says brother's-in-law form I864-A is missing (since he doesn't want to sign it) can my sister instead use Affidavit of Support Under Section 213A of the INA?  We have already submitted a joint sponsor. Thanks again.

[aaron2020 11,651]

6 minutes ago, Jonnatjer said:

NVC message says brother's-in-law form I864-A is missing (since he doesn't want to sign it) can my sister instead use Affidavit of Support Under Section 213A of the INA?  We have already submitted a joint sponsor. Thanks again.

His I-864a is required.  

The Affidavit of Support under Section 213A of the INA is your sister's I-864.  She has already submitted that.  

[pushbrk 13,143]

19 hours ago, Jonnatjer said:

NVC message says brother's-in-law form I864-A is missing (since he doesn't want to sign it) can my sister instead use Affidavit of Support Under Section 213A of the INA?  We have already submitted a joint sponsor. Thanks again.

You correctly quoted the answer I already gave you.  NVC has requested the I-864a for your sister's husband.  That makes it "Required".  If you do not submit it, the case will not go forward until they have an acceptable joint sponsor.  Somebody else who qualifies but is not married could be the joint sponsor, or somebody married with a spouse who IS willing to cooperate, will do also.