(K1 AOS) Using a joint sponsor who is married?!

[barflarp 0]

Hi all. My husband (immigrant) and I (U.S Citizen) are handling the AOS paperwork (I-864). We are confused about what papers we should being filing.

I am freshly out of university, so I do not make enough money and have to use my mother as his joint sponsor who makes 125% above poverty guidelines for our household size.

However, my mother is married to my father and they file their taxes JOINTLY. 

My question is, what forms need to be filed? I-864 for me and my mom, and I-864 for me and I-864a for her?

Thanks all!!! :)

[OldUser 6,586]

I-864 by you as you're always the sponsor.

 

I-864 and I-864A by your parents joint sponsor and co-sponsor.

[K1visaHopeful 2,809]

30 minutes ago, barflarp said:

Hi all. My husband (immigrant) and I (U.S Citizen) are handling the AOS paperwork (I-864). We are confused about what papers we should being filing.

I am freshly out of university, so I do not make enough money and have to use my mother as his joint sponsor who makes 125% above poverty guidelines for our household size.

Does the word "our" mean you all live together? That is a very important detail. 

A parent or sibling or child (or spouse) that LIVES with the original sponsor CANNOT be a standalone joint sponsor and MUST be a CO-sponsor. They are not eligible to file an I864 and must file an I864a and combine their income with the original sponsor.

30 minutes ago, barflarp said:

However, my mother is married to my father and they file their taxes JOINTLY. 

MFJ is irrelevant. That's why the instructions state one should submit EARNINGS statements (W2s or 1099s) to prove INDIVIDUAL income TO ACCOMPANY their Return Transcript. They will show her INDIVIDUAL income is enough to support your household size. Ensure you calculate that number correctly. Everyone will need to be included.

30 minutes ago, barflarp said:

My question is, what forms need to be filed? I-864 for me and my mom, and I-864 for me and I-864a for her?

Thanks all!!!

Original sponsor (you): I864

CO-SPONSOR (mom): I864a

 

18 minutes ago, OldUser said:

I-864 by you as you're always the sponsor.

 

I-864 and I-864A by your parents joint sponsor and co-sponsor.

Her mom could only be a joint sponsor if the OP did not live with them.

If that was the case, Mom would be the joint sponsor and file a I864 while dad would be Mom's CO-sponsor and file I864a IF his income was needed to meet the FPGLs for their own household size including the immigrant. 

The living arrangements and the immediate familial relationship is the deciding factor. 

Edited November 1 by K1visaHopeful

[K1visaHopeful 2,809]

PS. Please fill your your incomplete VJ timeline in reciprocity. While our answers help you, your stats on your timeline helps every VJ member. An incomplete one helps no one. 

[barflarp 0]

16 minutes ago, K1visaHopeful said:

Does the word "our" mean you all live together? That is a very important detail. 

A parent or sibling or child (or spouse) that LIVES with the original sponsor CANNOT be a standalone joint sponsor and MUST be a CO-sponsor. They are not eligible to file an I864 and must file an I864a and combine their income with the original sponsor.

MFJ is irrelevant. That's why the instructions state one should submit EARNINGS statements (W2s or 1099s) to prove INDIVIDUAL income TO ACCOMPANY their Return Transcript. They will show her INDIVIDUAL income is enough to support your household size. Ensure you calculate that number correctly. Everyone will need to be included.

Original sponsor (you): I864

CO-SPONSOR (mom): I864a

 

Her mom could only be a joint sponsor if the OP did not live with them.

If that was the case, Mom would be the joint sponsor and file a I864 while dad would be Mom's CO-sponsor and file I864a IF his income was needed to meet the FPGLs for their own household size including the immigrant. 

The living arrangements and the immediate familial relationship is the deciding factor. 

 

Thank you for such thorough information.

I (U.S Citizen / bride) live with my parents and my husband. So she will act as my co-sponsor. 

Would that mean our household size is 3 or 4?

[K1visaHopeful 2,809]

12 minutes ago, barflarp said:

 

Thank you for such thorough information.

I (U.S Citizen / bride) live with my parents and my husband. So she will act as my co-sponsor. 

Would that mean our household size is 3 or 4?

If it's you, your immigrant husband, your mother and father the answer is 4. If others live there, depending on who they are, they could be included too.

If your father is dependent, 4. 

If your father is independent, 4 but you could have him ALSO be YOUR CO-sponsor and file his own I864a and be included on YOUR I864 and then all three of you could COMBINE (CO-sponsor means COMBINE income) income to meet the FPGLs for 4. 

Seems like you said Mom meets it for 4 already though in your original post so you don't need to use Dad at all (he'll be included only as her spouse and not a sponsor)???

 

Once your timeline is filled up I'll help some more.

Edited November 1 by K1visaHopeful