AOS and Joint sponsor questions

[Jill Mackie 76]

Good afternoon 

 

I'm going through my I-485 before mailing it off on Thursday , I just need to check  a couple more questions so I'm 100% sure. 

 

Form I-485 

Part 8 Question 17: have you ever violated the terms or conditioneds of you nonimmigrant status ? I checked yes because I married and overstayed my B2 visa BUT do I need to write an explanation that I married and then I overstayed in part 14 Additional information ? 

 

Form I- 864 :

For 2021 for a household of 3 ,125% of HHS Poverty Guidelines is $27,450. If my joint sponsor (my mother in-law) on her own makes $36,500 do I still need to complete the household members contract form I -864A? Or ,since her income alone, is above the poverty guidelines we don't need to included my father in law ? 

 

Do I need to fill out "N/A" in all the areas not applicable or do I leave the spaces blank ?

 

Thank you 

 

 

Edited July 5, 2021 by Jill Mackie
Added question

[Chancy 6,243]

33 minutes ago, Jill Mackie said:

I checked yes because I married and overstayed my B2 visa BUT do I need to write an explanation that I married and then I overstayed in part 14 Additional information ?

 

Although it may seem redundant, I suggest you put an explanation in the Additional Information section, to comply with the form instructions.  It can be as simple as: "Overstayed on B2 visa".  No need for a long explanation.

 

42 minutes ago, Jill Mackie said:

If my joint sponsor (my mother in-law) on her own makes $36,500 do I still need to complete the household members contract form I -864A?

 

As the AOS applicant, you don't need to fill out and sign an I-864A (unless you have kids also adjusting status).

 

45 minutes ago, Jill Mackie said:

Or ,since her income alone, is above the poverty guidelines we don't need to included my father in law ?

 

Technically, an I-864A is not required if the sponsor's income alone is enough to qualify.  But you may still submit an I-864A from your father-in-law proactively, to show that he agrees to the use of their conjugal resources to sponsor you.  If your in-laws file taxes jointly and you decide to use only your mother-in-law's income for the I-864, you should submit evidence showing that your MIL's current income alone is enough.

 

1 hour ago, Jill Mackie said:

Do I need to fill out "N/A" in all the areas not applicable or do I leave the spaces blank ?

 

In our case, we put "N/A" on the first line in the section, then left the rest of the fields blank.  Example, for I-864 page 2 part 3, we put "N/A" only on the boxes for Family Member (Last Name).

 

[Jill Mackie 76]

2 minutes ago, Chancy said:

 

Although it may seem redundant, I suggest you put an explanation in the Additional Information section, to comply with the form instructions.  It can be as simple as: "Overstayed on B2 visa".  No need for a long explanation.

 

 

As the AOS applicant, you don't need to fill out and sign an I-864A (unless you have kids also adjusting status).

 

 

Technically, an I-864A is not required if the sponsor's income alone is enough to qualify.  But you may still submit an I-864A from your father-in-law proactively, to show that he agrees to the use of their conjugal resources to sponsor you.  If your in-laws file taxes jointly and you decide to use only your mother-in-law's income for the I-864, you should submit evidence showing that your MIL's current income alone is enough.

 

 

In our case, we put "N/A" on the first line in the section, then left the rest of the fields blank.  Example, for I-864 page 2 part 3, we put "N/A" only on the boxes for Family Member (Last Name).

 

Thank you so much !!! I appreciate your help .

[KayDeeCee 4,896]

 

12 hours ago, Jill Mackie said:

Form I- 864 :

For 2021 for a household of 3 ,125% of HHS Poverty Guidelines is $27,450. If my joint sponsor (my mother in-law) on her own makes $36,500 do I still need to complete the household members contract form I -864A? Or ,since her income alone, is above the poverty guidelines we don't need to included my father in law ? 

 

Do I need to fill out "N/A" in all the areas not applicable or do I leave the spaces blank ?

There is no requirement for the father-in-law to provide an I-864A. If the mother-in-law meets the requirement then she can be your joint sponsor on her own. She will provide her taxes, which are most likely joint, so be sure she includes her own W-2 and perhaps pay stubs to show her exact income separate from her husband's. She needs to make sure they can clearly see her income alone is enough.

 

Instructions for both the I-485 and I-864 state this >>

 

Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.