i864 or i864A

[JessicaBooth 4]

I am filing for AOS. I don't meet the poverty lines so my mother is co-sponsoring. Me and my husband are currently living with my mother to get financially on our feet. What forms does my mom (co-sponsor) file? Should we just go ahead and file:

i-864= me

i-864= mom

i-864a= mom

I've heard stories of how people got RFE's if they don't file all.

[Inky 1,110]

moving to the correct forum section - adjustment of status from family based visa as this is adjustment from a K-1 not from a tourist visa/student/work.

[JessicaBooth 4]

any answers?

[VanessaTony 3,567]

I am filing for AOS. I don't meet the poverty lines so my mother is co-sponsoring. Me and my husband are currently living with my mother to get financially on our feet. What forms does my mom (co-sponsor) file? Should we just go ahead and file:

i-864= me

i-864= mom

i-864a= mom

I've heard stories of how people got RFE's if they don't file all.

I-864A for your mother, I-864 for you.

**Edit - Don't forget the evidence of your mothers LPR/USC status, as well as tax returns for you AND your mother.

Edited February 9, 2012 by Vanessa&Tony

[Harpa Timsah 13,258]

I would recommend I-864 if she qualifies on her own. If you are a dependent of your mother, then she is not your household member, you are in her household, not the other way around, so household count gets tricky. I have read they might not accept a I-864A from someone who is responsible for the first sponsor, and prefer a I-864.

[JessicaBooth 4]

haha now im confused all over again! It seems that theres not really a certain answer... hence why i thought about filing both. I'm thinking it may be best just to file a separate i-864 for my mom.

[Harpa Timsah 13,258]

If she qualifies on her own to be the co-sponsor, then I-864 is the best bet. It's cleaner and easier, all the way around.

[Nich-Nick 3,354]

haha now im confused all over again! It seems that theres not really a certain answer... hence why i thought about filing both. I'm thinking it may be best just to file a separate i-864 for my mom.

I agree with Harpa. Two I-864 forms. There are indeed two ways. Print the I-864 and look at it while you read this, particularly page 4, #24. You need to see the reason for the difference to understand.

Here's the two ways:

1. I-864 you, I-864 Mom
   You do I-864 and leave p.4 #24 blank (income from household members, ie Mom). Mom does I-864 also, presenting her income. Both send tax return, any other proof of income, and mom's proof of citizenship or greencard.
   
2. I-864 you, I-864A Mom
   You do I-864. Because you live in the house with mom, you could add her income to yours on p.4, #24. If you do, then the number on line 24c is the total household income they go by. (you + mom all lumped into one pot on one I-864 form.) Then Mom doesn't do I-864 because her income is on your form. But you can't just use mom's income without her permission. That's where I-864A comes in. She fills out I-864A to give permission and also swear to help the immigrant. Both send tax return, any other proof of income, and mom's proof of citizenship or greencard. You also have to send proof of living at same address (driver's licenses) and that you are closely related (ie, your birth certificate would have Mom's name on it proving relationship).
   

Edited February 11, 2012 by Nich-Nick

[JessicaBooth 4]

Thank so much! We have decided to go with the two separate I-864's.

[EDGARP 0]

How did this work out for you?

I am in the same dilemma.

Thanks.

[JessicaBooth 4]

We did two separate ones. Worked out great!

[EDGARP 0]

We did two separate ones. Worked out great!

Thank you.Two i864 it is.