Affidavit of Support

[donddon 4]

So my wife (USC) petitioned for her mother. I am going to do the AOS for her since she currently has no income (full-time student). My income is not enough to to satisfy the 125% Federal Poverty level/Income for our family size. 

Question: Can my brother who is a US Citizen fill an AOS to include with the case. If so, which form would he need to fill out. I do the I-864A, Contract Between Sponsor and Household Member. Which one would my brother need to fill out? 
If we could also include my parents who are also USC which one would they need to fill out. 

We just want to prove that my mother-in-law will not become a public charge once here.

[geowrian 22,335]

Are you doing AOS or an IR-5 visa? The Affidavit of Support is the same, but I was confused in reading your post what process you're going through.

 

You can use your brother as a joint sponsor (or any LPR or USC in the US who meets the financial qualifications). However, to use the I-864A, the joint sponsor needs to be a relative of the sponsor (your wife) and live in the same residence. That includes siblings, but not in-laws. As such, he would need to use a regular I-864.

 

The same goes for your parents.

 

http://www.usimmigrationlawyers.com/resources/immigration-law/adjustment-status/what-are-requirements-for-household-member-sign-

[donddon 4]

11 hours ago, geowrian said:

Are you doing AOS or an IR-5 visa? The Affidavit of Support is the same, but I was confused in reading your post what process you're going through.

 

You can use your brother as a joint sponsor (or any LPR or USC in the US who meets the financial qualifications). However, to use the I-864A, the joint sponsor needs to be a relative of the sponsor (your wife) and live in the same residence. That includes siblings, but not in-laws. As such, he would need to use a regular I-864.

 

The same goes for your parents.

 

http://www.usimmigrationlawyers.com/resources/immigration-law/adjustment-status/what-are-requirements-for-household-member-sign-

Thanks for your response, sorry for the confusion. 

 

My my wife filed the IR5 and am getting ready for the NVC process, the Affidavit of Support.

So my brother would fill out the regular Form I-864?

Which form would I need to fill out? (For clarity, am the sponsors husband and we live together)

 

Thanks

Edited April 26, 2017 by donddon

[geowrian 22,335]

3 hours ago, donddon said:

Thanks for your response, sorry for the confusion. 

 

My my wife filed the IR5 and am getting ready for the NVC process, the Affidavit of Support.

So my brother would fill out the regular Form I-864?

Which form would I need to fill out? (For clarity, am the sponsors husband and we live together)

 

Thanks

No problem...just wanted to confirm the process you're going through. It's just an IR-5 visa. No AOS is involved.

 

Your brother would fill out the I-864.

 

You would use an I-864A with your spouse. The I-864A lets you combine income with the corresponding I-864 sponsor (your wife), but since she has no income and you don't make the minimum by yourself, I don't see the point in adding you. It would be preferable to just have 1 good joint sponsor (i.e. your brother if he makes enough).

 

Good luck!

[donddon 4]

1 hour ago, geowrian said:

No problem...just wanted to confirm the process you're going through. It's just an IR-5 visa. No AOS is involved.

 

Your brother would fill out the I-864.

 

You would use an I-864A with your spouse. The I-864A lets you combine income with the corresponding I-864 sponsor (your wife), but since she has no income and you don't make the minimum by yourself, I don't see the point in adding you. It would be preferable to just have 1 good joint sponsor (i.e. your brother if he makes enough).

 

Good luck!

Thanks a Bunch Geowrian... In summary Brothe fills I-864, Wife I-864, Me I-864A.

 

Below is the reason why am using both my borther's and my incomes.

 

Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States. Public charge means that someone is primarily dependent on the U.S. government for subsistence.

[geowrian 22,335]

23 minutes ago, donddon said:

Thanks a Bunch Geowrian... In summary Brothe fills I-864, Wife I-864, Me I-864A.

 

Below is the reason why am using both my borther's and my incomes.

 

 

Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. Consular officers will verify to the extent possible that applicants have adequate financial support to prevent them becoming a public charge in the United States. Public charge means that someone is primarily dependent on the U.S. government for subsistence.

Correct.

 

Also correct. The CO will look at the totality of the circumstances to determine the public charge risk of the intending immigrant. That said, a sponsor who doesn't meet the requirements doesn't show a lower public charge risk. They will not combine incomes among joint sponsors. They will combine the incomes for you and your wife (due to the I-864A), but  they won't combine that total with your brother's income.