co sponsor requirements for AOS. I'M CONFUSED!

[janistimothy 0]

Hello everyone!!! We're preparing the documents needed for the Adjustment of Status. My husband's income doesn't meet the Poverty Income Requirement. My mom in law will be the co sponsor and we're living under the same roof. Her income exceeds the income requirement under 5 household size. She is also the co sponsor when my husband petitioned me under fiance visa.

Question:

- What form should my mother in law fill out? Is it the Form I864 or Form I864A?

- What are the other requirements needed for a co sponsor?

Thanks guys!!!

[Penguin_ie 5,984]

If the husband and his mom are financially tied (one claims the other on the tax return), use I-864A for mom. Otherwise, use I-864 for both, as just living together doesn't mean you are a household for sponsorship purposes.

The only requirement is that they make enouhg and can prove it with pay stubs etc, and that they are a USC or greencard holder living in the USA (show passport).

[janistimothy 0]

If the husband and his mom are financially tied (one claims the other on the tax return), use I-864A for mom. Otherwise, use I-864 for both, as just living together doesn't mean you are a household for sponsorship purposes.

The only requirement is that they make enouhg and can prove it with pay stubs etc, and that they are a USC or greencard holder living in the USA (show passport).

Thanks for the quick response!

I don't think my husband is a dependent on his mom's ITR because my husband is working too (it's just that he doesn't earn much) and doesn't claim his mom as a dependent either on his ITR. So it means they will both use form i864?

What if my husband's / mom in law's passport has expired, can I still use their passport biopage for submission?

Thanks!!!!

[jamyestrella 8]

My mother filled a I-864A for my husband because although I do not claim her on my taxes, we currently live in the same household. According to the form, that is one of the circumstances in which that may be allowable. Living together at least 6 months I think, and be related as either father, mother or sibling