I 864 and I 864A ( affidavit of support) confusion?

[Oomer 0]

Hi,

While filling I 864 in conjunction with I 485 adjustment of status application i got confused al ittle bit?

my wife is not woking at all and she has no source of income . Her co sponsor (uncle) can sponsor me .

Is it necessary to file I 864 A along with I 864 or not?

What is purpose of I 864 A?

Note:I have filled out, I 485, I 130, I 765, G 325 A( 2 sets), I 693 + supplement forms, already.

[Oomer 0]

Guys i am still looking for answer

[Not Available 0]

My father in law is my co sponsor and he filled out the I-864. I believe the I-864A is when its a joint sponsor living in the same household as yourself.

edited: I just checked the USCIS website and the I-864A is a contract between the Sponsor and a Household member.

That doesnt necessarily mean you have use the I-864A if the uncle lives with you (hypothetically, not sure if he is or not). Some use the I-864 still.

Edited April 12, 2006 by Stina

[ceriserose 1]

Stina is correct.

On our initial AOS we had my husband fill out an I-864 and our co-sponsor fill out an I-864.

Our interview was today and as my husband's and my employment status changed since our initial filing, we filled out a new I-864 for him and an I-864A for me. I-864A is for members of the household.

[Oomer 0]

My father in law is my co sponsor and he filled out the I-864. I believe the I-864A is when its a joint sponsor living in the same household as yourself.

edited: I just checked the USCIS website and the I-864A is a contract between the Sponsor and a Household member.

That doesnt necessarily mean you have use the I-864A if the uncle lives with you (hypothetically, not sure if he is or not). Some use the I-864 still.

THanks for answer.

So your father in law was joint sponsor and your spouse was primary sponsor. And you were living with your spouse or away from that?

cause i am living with my wife as her household member so i think i need to file file I 864 A form. My wife is my primary sponsor and her uncle is joint sponsor . Moreover Uncle does not live with us.

[Not Available 0]

I was living with my spouse when he filed. You do not need to fill out a form regarding an affidavit, its a form stating that there is someone here that can take care of you in the USA.

[den_y2005 0]

if you need co sponsor use both if not just the I-864

goodluck

[Oomer 0]

if you need co sponsor use both if not just the I-864

goodluck

Yes off course i need joint sponsor as my wife cannot sponsor me alone on the basis of her income and assets. so her uncle is sponsoring so i think i need to get both I 864 and I 864 A?

[Jonesie 1]

I have a co-sponsor, who lives with us. So in our situation, would we both use 864, or would the co-sponsor use 864a?

[Not Available 0]

I have a co-sponsor, who lives with us. So in our situation, would we both use 864, or would the co-sponsor use 864a?

I believe you can use either. I know many people who still used the I-864 (with no A) though they were living in the same household no problem. I think the choice is up to you really. I personally used both an I-864 though at the time we were living with the father in law. Maybe someone who has filled out an I-864A can explain it better.

Ans, your wife's uncle fills out an I-864 because he is not living with you. An I-864 is a contract between a primary sponsor (your wife, she still fills one out even if she doesnt meet the poverty guidelines) and a person living in the household. So you do NOT use a I-864A for the uncle, they both fill out I-864's.

[Jonesie 1]

I have a co-sponsor, who lives with us. So in our situation, would we both use 864, or would the co-sponsor use 864a?

I believe you can use either. I know many people who still used the I-864 (with no A) though they were living in the same household no problem. I think the choice is up to you really. I personally used both an I-864 though at the time we were living with the father in law. Maybe someone who has filled out an I-864A can explain it better.

Ans, your wife's uncle fills out an I-864 because he is not living with you. An I-864 is a contract between a primary sponsor (your wife, she still fills one out even if she doesnt meet the poverty guidelines) and a person living in the household. So you do NOT use a I-864A for the uncle, they both fill out I-864's.

Thanks Stina. We already filled out 864 for myself and co-sponsor, I guess we'll just use these and not worry about 864a

[diadromous mermaid 36]

I have a co-sponsor, who lives with us. So in our situation, would we both use 864, or would the co-sponsor use 864a?

I believe you can use either. I know many people who still used the I-864 (with no A) though they were living in the same household no problem. I think the choice is up to you really. I personally used both an I-864 though at the time we were living with the father in law. Maybe someone who has filled out an I-864A can explain it better.

Ans, your wife's uncle fills out an I-864 because he is not living with you. An I-864 is a contract between a primary sponsor (your wife, she still fills one out even if she doesnt meet the poverty guidelines) and a person living in the household. So you do NOT use a I-864A for the uncle, they both fill out I-864's.

Thanks Stina. We already filled out 864 for myself and co-sponsor, I guess we'll just use these and not worry about 864a

The I-864A is used if a household member will be pledging his/her income to the sponsor in order for the sponsor to meet the income requirement for the total household. This applies to joint and primary sponsors. The I-864A is typically used to increase the income of the sponsor from his/her own income to "total household income". The sponsored immigrant can use his/her income to pledge to the primary sponsor in order to meet the poverty guideline requirement (if the sponsored immigrant has been a member of the household for 6 months he/she can add income to assist the primary sponsor).

[Jonesie 1]

The I-864A is used if a household member will be pledging his/her income to the sponsor in order for the sponsor to meet the income requirement for the total household. This applies to joint and primary sponsors. The I-864A is typically used to increase the income of the sponsor from his/her own income to "total household income".

I am a student so I don't make enough, but my co-sponsor exceeds the 125% guidelines. Would we be better off doing two 864's?

[diadromous mermaid 36]

The I-864A is used if a household member will be pledging his/her income to the sponsor in order for the sponsor to meet the income requirement for the total household. This applies to joint and primary sponsors. The I-864A is typically used to increase the income of the sponsor from his/her own income to "total household income".

I am a student so I don't make enough, but my co-sponsor exceeds the 125% guidelines. Would we be better off doing two 864's?

The USC spouse will always be the primary sponsor and must complete an I-864. A joint sponsor completes an I-864 also, unless the joint sponsor reside(s)/ed in your household for the past 6 months or is a dependent on the USC's tax return, then the joint sponsor would be a "Household Member" and would complete an I-864A instead. There are cases when a joint sponsor (not residing in the household) may require an I-864A from his/her own spouse if using his/her income to meet the joint sponsor's income requirement for his/her respective household.

Edited April 12, 2006 by diadromous mermaid

[Jonesie 1]

The I-864A is used if a household member will be pledging his/her income to the sponsor in order for the sponsor to meet the income requirement for the total household. This applies to joint and primary sponsors. The I-864A is typically used to increase the income of the sponsor from his/her own income to "total household income".

I am a student so I don't make enough, but my co-sponsor exceeds the 125% guidelines. Would we be better off doing two 864's?

The USC spouse will always be the primary sponsor and must complete an I-864. A joint sponsor completes an I-864 also, unless the joint sponsor reside(s)/ed in your household for the past 6 months or is a dependent on the USC's tax return, then the joint sponsor would be a "Household Member" and would complete an I-864A instead. There are cases when a joint sponsor (not residing in the household) may require an I-864A from his/her own spouse if using his/her income to meet the joint sponsor's income requirement for his/her respective household.

Makes more sense now. I don't depend on co-sponsor for support but we have lived in the same household for the past six months. Thanks . I will type 864a now for co-sponor.