ania

Hi,
My husband doesn't qualify for the sponsor, so his Dad is going to be the co-sponsor. We and our in-laws, we don't live together. In the part 2 in the I-864 form states:
I am filing this affidavit of support because (check one):
a) I filed/am filing the alien relative petition.
d) I am a joint sponsor willing to accept the legal obligations with any other sponsor(s)
I don't know what my father in law should check? He is not a joint sponsor , because we don't live together....and he hasn't fill the relative alien pettition ( or was he supposed to? )

Anyone help please!!!

John McHugh

As I understand it, your husband is the sponsor named in Form I-864, and your father-in-law is the "household member" referred to in Form I-864A. The household member doesn't have to share a residence with the sponsor or immigrant.

ania

HI John,
as far as I know, the household member needs to live in the same house. So my father in law doesn't qualify for that.

John McHugh

Actually, no. Check the definitions in the instructions for I-864A. If the household member claims the sponsor as a dependent for tax purposes and is willing to assume the responsibility for charges associated with sponsoring the immigrant, cohabitation isn't required. I believe the requirements for co-sponsoring may be even more liberal than this definition, but don't take my word for that.

Mrtravel

John McHugh wrote:
    >
    > Originally posted by ania
    > > Hi,
    > > My husband doesn't qualify for the sponsor, so his Dad is going to be
    > > the co-sponsor. We and our in-laws, we don't live together. In the
    > > part 2 in the I-864 form states:
    > > I am filing this affidavit of support because (check one):
    > > a) I filed/am filing the alien relative petition.
    > > d) I am a joint sponsor willing to accept the legal obligations with
    > > any other sponsor(s)
    > > I don't know what my father in law should check? He is not a joint
    > > sponsor , because we don't live together....and he hasn't fill the
    > > relative alien pettition ( or was he supposed to? )
    > >
    > > Anyone help please!!!
    >
    > As I understand it, your husband is the sponsor named in Form I-864, and
    > your father-in-law is the "household member" referred to in Form I-864A.
    > The household member doesn't have to share a residence with the sponsor
    > or immigrant.

Ania,

Your father would select box D.
If he was in the same household, he would file 864A.
He isn't.

John McHugh

From the instructions for I-864A...

A ''household member'' is any person (a) sharing a residence with the sponsor for at least the last 6 months who is related to the sponsor by birth, marriage, or adoption, or (b) whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent federal income tax return even if that person does not live at the same residence as the sponsor , and whose income and/or assets will be used to demonstrate the sponsor's ability to maintain the sponsored immigrant(s) at an annual income at the level specified in section 213A(f)(1)(E) or 213A(f)(3) of the Act.

Lynch Bizkket

1-800-375-5283 INS

Mrtravel

John McHugh wrote:
    >
    > Originally posted by Mrtravel
    > > Ania,
    > >
    > > Your father would select box D.
    > > If he was in the same household, he would file 864A.
    > > He isn't.
    >
    > From the instructions for I-864A...
    >
    > A ''household member'' is any person (a) sharing a residence with the
    > sponsor for at least the last 6 months who is related to the sponsor by
    > birth, marriage, or adoption, or (b) whom the sponsor has lawfully
    > claimed as a dependent on the sponsor's most recent federal income tax
    > return

Where did she say he claimed her husband as a dependent??

Lori

A "petitioner" is not the same as a "sponsor." If your husband or
wife is your petitioner (filled out the I-130-Petition for Alien
Relative), he or she must be A sponsor, but not the ONLY sponsor. Any
other sponsor is a "joint sponsor," and you don't have to live with
them.

According to my understanding, the joint sponsor is only swearing to
accept financial responsibility should the original petitioner (your
spouse in this case) not make enough money to sponsor alone. Perhaps
it's a bit oversimplified, but the way i understand it is that since
immigrants are not allowed to draw welfare, someone has to promise
that you will never need to, or that if you do, the joint-sponsor will
have to pay it back to the government. That would be your
father-in-law. He is just a joint-sponsor making that promise; he
doesn't have to be "the petioner" just because he's a joint-sponsor.
The petioner has to be your spouse in this case.

I didn't see anywhere that a joint sponsor must claim you on his or
her tax return. The only mention of dependents, as i understand it,
is used as a reference for determining the eligibility of the sponsor
or joint sponsor in relation to the poverty line. If a joint-sponsor
needs to claim the income of another household member in order to
qualify, THEN that person CAN be a dependent (such as a working-aged
son or daughter living at home and contributing to the household) AND
must be willing to allow his or her income to be used in the
calculations AND also accepts responsibility for the immigrants. But,
these instructions don't apply when choosing "a" or "d." They only
apply when calculating the income.

I chose "d" when my father was a joint sponsor for my husband. I was
the petitioner and ONE of the sponsors. My father was a joint
sponsor. No other household members' (in my father's home) incomes
were considered. I was not a dependent or a member of my father's
household.

I hope this helps.

Best wishes,
Lori

Lori

oops, I wrote that "i chose 'd' ..." but I meant that the JOINT
SPONSOR (my father) chose 'd'.

We each had to fill out an I-864 Affadavit of Support seperately, one
for me because i'm the petitioner and have to be a sponsor, and one
for the joint sponsor because i didn't make enough money to sponsor
alone. I chose "a" on my form, and the joint sponsor chose "d" on his
form. In this case, the joint sponsor just happened to be my dad. A
joint sponsor doesn't have to be a relative, by the way. Anyone
willing to promise to pay for your food and shelter should you fall on
hard times can be a joint sponsor.

*****The inclusion of the I-864A with the I-864 is a little confusing.
As I understand it, the I-864A is ONLY used when the joint sponsor or
sponsor are using the income of someone else in the household to
qualify ON THEIR OWN PETITION. For example, if a husband uses his
son's income or his wife's income to show he is above the poverty
line, then I-864A is necessary. If the joint petitioner is filing
USING ONLY HIS OR HER OWN INCOME, then I-864A isn't necessary.

I hope this helps more.

Regards,
Lori

ania

Lori,
So if my father in law doesn't use anybodys income - just his own, then he doesn't need to fil the I-864A, right? How about if he claims the taxes together with his wife? Or the fact that they claim it together doesn't matter?

A while ago, I thought I new everything about all the AOS forms... but I think you never can be sure if it comes to INS!

Thanks for all the help!

ania

My husband went to give his perents (father) all the forms. I told him to fill the I-864 A too, just in case. If the INS gets an extra form, they will "through it away" or send it back, and it's not gonna be a big deal. So it's better to have extra than not enough forms...am I right?

rogerpenycate

He needs to file a completely seperate I=864. and if your m-i-l is acting as a joint sponsor they will need to file an I-864A (which is effectively a contract between the two of them jointly agreeing to the sponsorship)
I went through exactly the same procedure although in our case it was my sister-in-law and her husband.

Lori

ania wrote in message news:...
    > Lori,
    > So if my father in law doesn't use anybodys income - just his own, then
    > he doesn't need to fil the I-864A, right?

Right from what I read and understand. (i'm no expert; i've just
been through it.)


How about if he claims the
    > taxes together with his wife? Or the fact that they claim it together
    > doesn't matter?


As far as I can tell, when anyone else's income is used by your
father-in-law, even his wife's, to calculate his annual income (for
taxes and/or for the I-864), he must attach a completed I-864A for
each person whose earnings are added with his. Here's is what I read
on the I-864A instructions which leads me to believe this is true:

{...} Under Section 213A of Act, this contract must be completed and
signed by the sponsor and any household member, including the
sponsor's spouse, whose income is included as household income by a
person sponsoring one or more immigrants.{...}

If your father-in-law and mother-in-law filed together and BOTH
incomes are used on the I-864, AND she agrees to co-sponsor, then yes,
she must complete the I-864A.

If they filed together and she doesn't agree to co-sponsor (as in the
case of someone recently divorced or financially unable), your
father-in-law would use his W-2's to calculate his income above the
poverty line. He would still have to turn in copies of the 3 most
recent tax returns and W-2s. Your mother-in-law wouldn't need to fill
in the I-864A because she hasn't agreed to co-sponsor with your
father-in-law. BUT, he couldn't use her income.

All that's left then is to have the necessary signatures made before a
notary.
Good luck

ania

Lori, thanks a lot! I finally know everything. I hope....