Which AOS to file for my mom?

[Stressed Out 81]

So short story. I know I know I have to be the main sponsor regardless of my income, so I file an I-864. My dad is going to be the first of two joint sponsors....I know he'll file an I-864. However, does my mom file a third I-864 or I-864a? She and my dad are still married, live together and file taxes jointly.

I had her fill out an I-864a since I thought it was for two people to combine incomes in the same household, but now I'm thinking it's only for the main sponsor to combine their income? Luckily she hasn't sent it to me yet.

Edited October 30, 2014 by Stressed Out

[aleful 1,905]

hi

not true, the joint sponsor and household member can file the i864 and i864A to combine their income

no problem

you file the i864 as primary sponsor, and one of your parents file the i864 and the other the i864A as household member to combine their income

[Stressed Out 81]

Okay, phew. Thanks. It just caught me off guard with the signature section where it reads "I the sponsor", because I know I'm supposed to be #1 in this whole catastrophe of paperwork.

[Ian H. 207]

I agree with aleful.

The thing is that the I-864 is used for different kinds of immigrants. In the case of petitioning a sibling for example, they could be immigrating with a spouse and children, which means they could have 2 separate sponsors, one joint sponsor sponsors one, and the other sponsors the other two.

In the case of one immigrant, as in your case, you can only have one joint sponsor if you as the petitioning sponsor, don't meat the requirements. A joint sponsor can combine his income with certain members of his household, but not with the petitioner, or another joint sponsor.

That is why one of your parents (let's say dad) needs an I-864 because he is your joint sponsor. Mom needs an I-864A because she is your joint sponsor's household member.

Joint sponsors and their household members are allowed to combine their incomes with each other in order to meet the requirements, but not with you as the petitioner, unless they live in the same household and are related in certain ways.

Additionally, if dad makes enough by himself, he can fill out the I-864 and your mom doesn't need an I-864A or vice versa.

[Stressed Out 81]

I wish it was that easy for them, but when my uncle filed their taxes for them he split their income in half (they own a business together, but mom hasn't drawn a paycheck herself for quite some time...instead gave my dad a raise) instead of listing it all as my dad's income. Don't know why he did that, but oh well. At least he was able to quickly file back their taxes in time for this AOS stuff, as they were reallllly late on them. He got all 3 years done in three weeks.

[Ian H. 207]

Ok, I see. In cases like that they want to see the I-864A since it can't be determined who's income is whose; it just makes it much easier. It doesn't make it harder. For me, the only real difference is that some people prefer to ask one person to be responsible for the immigrant instead of two.

I remember when my cousin needed a joint sponsor, we weren't sure if the wife was willing to sign an I-864A and be responsible along with her husband and my cousin's wife didn't want to ask her.

In your case, they're your parents so it's easy to ask lol. I think the I-864 still asks who's income is whose though, but I guess you can just divide whatever the taxes say by 2, if that's how they filed. The important thing is that the amounts add up to the total anyway.

Edited October 30, 2014 by Ian H.

[Stressed Out 81]

Yeah my uncle wrote down which income was whose, so it's all good. Thanks for the clarification, guys! Guess I'll just tell my mom to go ahead and sign and send off these forms.

[Ryan H 3,790]

My dad is going to be the first of two joint sponsors....

This is not correct, if your dad is going to be a joint sponsor, then he will be the only joint sponsor.