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#1 Jandy



  • PipPipPip

Posted 07 June 2008 - 03:51 AM

Hello everybody,

We just got our second RFE about my husband's I-864. sad.gif we were soooo stupid. headbonk.gif ...we didn't know that he was supposed to fill out one....we actually only sent the two sponsors' forms sad.gif...Also, we are now aware that we were only supposed to have one sponsor (if and only if this person has reached the 125% poverty line). Both my brother and father-in-law have reached it. But now my brother will be the only sponsor.

Anyways, since my husband doesn't work because he is still a student, we will write a letter explaining his student status and add some school records as proof. Also, even though it is not required, we are also going to send them the I-864 form of my brother, and write a letter explaining that he is going to be the only sponsor... I don't know if it is a good idea, but just to clear things up as well, since we messed up the first time sad.gifsad.gifsad.gif...( is that a good idea?)

So now basically, my husband will be the petitioner (since he doesn't work), not the sponsor. But my brother will be the only sponsor. And here are the parts where I need your help...It may be easy, I don't know, but we just want to make sure again, and try to avoid a third RFE sad.gifsad.gif


NOTE : My husband and brother don't live at the same address.

Part 1) Basis For filing affidavit of support:

I,______________________ am the sponsor submitting this affidavit of support because (check only one box):

a) I am the petitioner
cool.gif ...
d) I am the only joint sponsor
e) I am the __ first ___ second of two joint sponsors
f) ...

Part 4) Information on the sponsor
Part 5) Sponsor's household size
Part 6) Sponsor's income and employment
Part 7) Use of assets to supplement income
Part 8) Sponsor's Contract
Part 9) Information on Preparer, if prepared by someone other than the sponsor

--> For my husband's I-864:
We know that he has to fill out Part 1, and checks a)
But for the other parts, we are not sure if he is supposed to fill them out, because they concern the sponsor, which technically he isn't, because he doesn't have any money.
So is he supposed to leave them blank?
Also is he supposed to fill out part 9?

--> For my brother's I-864:
We know he has to fill out everything... but the problem is in part 1...Since he is now the only sponsor...what box is he supposed to check? My guess is d....but I'm not sure....


Sorry if it took that long to explain my case, and if there are soooooo many questions...but I am sooo confused. We went to the local office for help, but they were "arrogant" and told us that we weren't supposed to help etc...

So any help will be greatly appreciated... A LOOOOOT! helpsmilie.gif

By the way, i don't know if we messed up things again...So, I am a F-1 student. Before I met my husband, I live with my brother and his wife at their place. Even though we are married now, I still live at their place, because it is soooo much closer to my university. But I go to my husband's place during weekend, or on holidays etc.
By the way, he still lives at his parents' place since he can't afford a place of his own. But when we find a job and save enough money, we will move out.
So in our applications, we both put our own addresses... but I forgot which form asked what was the last address where we both lived together...so for that, we put his address, because I go to his place...

I have some friends who are also F-1 students...but they live with their husbands because they are in the military. So one of them told me I should have put his address in all applications because now things will take longer or everything is now messy....But I mean, I'm not going to put erronous things on the form...I don't know if having two different addresses will make my case denied...I am sooo worried crying.gif

But i was thinking if I should write a letter explaining our situation about the addresses...ANY HELP WILL BE GREATLY APPRECIATED ... I am soooo desperate...I don't want to get another RFE sad.gifsad.gifsad.gif crying.gif

Sorry again for sooo many questions, but I don't know who to turn to ...


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#2 bokita2


    Junior Member

  • PipPip

Posted 07 June 2008 - 08:00 AM

From my understanding, if you are applying for family-based AOS (through husband), then your husband is considered to be the Petitioner.
For the I-864, the Petitioner must be your sponsor. If your husband can not meet the income requirements, then, you may have a Co-Sponsor (your brother).
Both must complete a I-864.
For Part 1 - It is okay to leave the other boxes blank if they don't apply to you. He could tick (a) and move on.
Part 9 - If your husband filled out the paperwork, then he does not sign here. If someone else filled it out, then they sign there.
Sounds like your brother fits option (d) for Part 1.
You seem to be on the right track.
It doesn't matter if husband and brother don't live at same address.
I am a little confused about the address question. If you are not living with your husband, USCIS will likely want to know why and what the situation is. They want to be sure that you have a bona fide marriage.
Anyway, hope it helps. Good luck.
  • 0

#3 Jandy



  • PipPipPip

Posted 07 June 2008 - 03:38 PM

  • 0

#4 Jandy



  • PipPipPip

Posted 07 June 2008 - 03:42 PM

Sorry again for asking, but just want to make sure again...so my husband, since he doesnt work, only fills out part 1 and 2...and leave the other parts blank

Am i correct?

Thank you again
  • 0

#5 bokita2


    Junior Member

  • PipPip

Posted 07 June 2008 - 06:18 PM

He still has to fill out the entire application. And submit whatever is required.
  • 0

#6 Y & Y

Y & Y


  • PipPipPip

Posted 18 February 2012 - 11:48 AM

how can I fill out my name on I-864? My family name has been changed to my husband's family name?
  • 0

#7 Harpa Timsah

Harpa Timsah

    Let's not go to VJ, 'tis a silly place.

Posted 18 February 2012 - 11:54 AM

how can I fill out my name on I-864? My family name has been changed to my husband's family name?

This thread is nearly 4 years old.
  • 0

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

5/23/12: Sent out package
2/06/13: APPROVED!

#8 VanessaTony


    Little Miss

Posted 18 February 2012 - 02:11 PM

how can I fill out my name on I-864? My family name has been changed to my husband's family name?

Please start yur own topic rather than resurrecting old threads.

You answered your own question. You have changed your name so you write your new name on the form/s
  • 0

Aussie K1 process - http://www.visajourn...interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourn...-list-included/
ROC April 2012 - http://www.visajourn...il-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourn...il-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourn...lers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourn...lers/?p=6537699
Aussie Chat page continued - http://www.visajourn...ussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourn...change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourn...ost__p__4135806
Shipping Costs from Aus to US - http://www.visajourn...sts-aus-to-usa/

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