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I-864 Filing when moving homes is pending...and more, Help!

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I-864 Filing when moving homes is pending...and more, Help!

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Old May 8th 2004, 5:20 am
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Default I-864 Filing when moving homes is pending...and more, Help!

Hi all,

We're looking at moving out in the first week of June, but we're in the midst of the paperwork now.

Should we wait until we've moved out to file it?...if not, can we file it now, then move while the process is on going? how much hassle does this cause?.

Also...Theres a question about how my wife qualifies to be a sponsor to me...well, She cant support me alone (we have a joint sponsor) so does she fill in as "I filed a relative petition" part or the "I'm a joint sponsor willing to accept responsiblities..." part...It probabley should be simple to know, but just because she's not the sole sponsor it has confused us.

Thanks
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Old May 8th 2004, 5:53 am
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Default Re: I-864 Filing when moving homes is pending...and more, Help!

Originally posted by Ankh Also...Theres a question about how my wife qualifies to be a sponsor to me...well, She cant support me alone (we have a joint sponsor) so does she fill in as "I filed a relative petition" part or the "I'm a joint sponsor willing to accept responsiblities..." part...It probabley should be simple to know, but just because she's not the sole sponsor it has confused us.

Thanks
Have the 2 of you been living together for 6+ months yet? Do you have any income or assets? Have you read the directions on the I-864+A and understand them and are sure you need an "outside" sponsor?
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Old May 8th 2004, 6:12 am
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Default Re: I-864 Filing when moving homes is pending...and more, Help!

Originally posted by meauxna
Have the 2 of you been living together for 6+ months yet? Do you have any income or assets? Have you read the directions on the I-864+A and understand them and are sure you need an "outside" sponsor?
Well, we know for a fact we need a joint sponsor, I cant work yet (obviously) and She's still a full time student.

Living together for 6+ months? No.

Income? No, Assets, savings - yes.

The paperwork isnt exactly my favourite thing though, so i cant say i understand it fully, no.

I'm assuming Staci (wife) has to file as the applicant who filed for the relative, the joint sponsor (mother in law) just selects the joint sponsor part on her I-864, also fills out an I-864A, and that the other member of the household (grandpa) just signs a seperate I-864A and not a I-864 (as he's not sponsoring me).

I think...?
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Old May 9th 2004, 7:33 am
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Default Re: I-864 Filing when moving homes is pending...and more, Help!

Originally posted by Ankh
Well, we know for a fact we need a joint sponsor, I cant work yet (obviously) and She's still a full time student.

Living together for 6+ months? No.

Income? No, Assets, savings - yes.

The paperwork isnt exactly my favourite thing though, so i cant say i understand it fully, no.

I'm assuming Staci (wife) has to file as the applicant who filed for the relative, the joint sponsor (mother in law) just selects the joint sponsor part on her I-864, also fills out an I-864A, and that the other member of the household (grandpa) just signs a seperate I-864A and not a I-864 (as he's not sponsoring me).

I think...?
Sorry to report it wasn't obvious to me, but as you haven't lived together 6+months it is a moot point.

The poster "Around the World" gave you some incorrect info, but I'll try & lay it out here.

Staci = primary sponsor. She completes I-864.

M-I-L = joint sponsor. She completes I-864. If only her income is being used (no F-I-L $ involved), that is it: *presuming* that although grandpa and even you+Staci live in the same house, you don't share the same "household". It may be worthwhile for you to research the USCIS definitions of these terms. However, if you are financially independant of each other (don't file joint tax returns together, don't claim each other as dependants etc), you are only counting M-I-L's income. If M-I-L and grandpa are financially comingled, grandpa would complete a -A.

The I-864-A is for co-sponsors, as in my case. My husband and I *had* been living together for 6+months and his income is a part of my family income (by spouse relationship). All funds are counted in one "pool" and he signs the I-864-A agreeing to use his funds toward his own support. Some folk argue that the -A was not required in our case. Since our ConOff asked for it, we provided it.
In the joint sponsor I-864 we had my parents complete, one parent completes the I-864 (with total couple's comingled income) and the other parent completes the -A, agreeing that their comingled income can be used to (joint) sponsor the immigrant.

It may help to keep in mind that this form is used for many, many family combinations, and not just for marriage-based immigration.

Hope this helps some.
mo

I am admittedly a bit rusty on the finer points of the I-864+A but I believe this to be a correct interpretation. If there are errors, I do hope someone will chime in to point them out.

I'm guessing that you are filing AOS based on a K1/K3 entry? If so, you will have an opportunity to file a new I-864 at your AOS interview, your income/assets can then be used and you can let M-I-L off the hook if you're over the 125%.
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