K-1 Visa AOS Affidavit of Support Joint Sponsor HELP Needed (i-864)!

[Mister Jones 0]

Hi Guys,

I arrived in USA a month ago and my wife(petitioner) and I just got married last week Friday! We have begun the Adjustment of Status process. We have completed the rest of the required forms (EAD, G25A etc) except the Affidavit of Support (i-864). My wife is a student undertaking her doctorate degree so she has no time to work. As a result of this, we are both unemployed. Her aunt (who joint sponsored her for the i-130 Affidavit of Support for me to come to USA) earns high income and is willing to joint sponsor her again for the i-864 Affidavit of Support. Below are the questions I have. If there is anyone who knows the answers to these questions or can offer some help, that would be super kind of you and greatly appreciated! This is the link to the form (https://www.uscis.gov/files/form/i-864.pdf) to make it easier to answer!

1. My wife as the petitioner is my primary sponsor and has to do the i-864. Does her aunt have to do the i-864 or i-864a? I'm assuming just the i-864 because she doesn't require anyone else in her immediate family to assist her as a joint sponsor.
2. In Part 5 (Sponsor's Household Size) how many people does her aunt need to put? Her aunt has no dependent children and she is not married. She lives in her own home by herself. Does she need to include my wife? How would she do that?
3. In Part 5 (Sponsor's Household Size) when my wife added the answer to 1, 2 and 3, according to number 8 that would equal 3 people for our Household Size but there are only two of us (my wife and I). Can someone clarify this please?
4. Can we use the same supporting documents (W2, 1840s, Employment Letter, Bank Letter) we used for i-130 Affidavit of Support for i-1864 Affidavit of Support?

Thank you in Advance!

[Detron 15]

1. Correct your wife should be your primary sponsor regardless. Now... the joint sponsor does not have to be a direct or indirect relative. It can be just a friend too. As long as they meet the poverty limits and are permant residents of US.

2. Her aunt needs to put 1 (herself) and 1 more (you). Total = 2.

3. Yes, it should be 1 (your wife) and 1 (yourself). Total = 2.

4. Correct. Use any supporting documents that come from valid sources, such as taxation papers, SSI, employment letters, etc. (Don't use I-130... that is for K2 and K3 visas. You are a K1? Correct? If you are K1 visa, then use I-864!)

[Mister Jones 0]

Wow thank you very much for the speedy response! I appreciate it!!

For the last one, was just checking if we could use the same evidence we used for the I-130 but instead use it for the i-864. I guess we can!

Thanks

[Detron 15]

Yes you can use the same supporting documents for either form.

You are most welcome and good luck!

Edited October 25, 2016 by Detron

[Mister Jones 0]

I have another question. For Part 6 (Sponsor's Employment and Income) in question 3, does my wife's aunt have to include me in the persons? She is not receiving any income from me or vice versa.

Thanks

[C-ma'am 684]

**Post moved from K1 to AOS from family visas. OP is at that stage.

[KayDeeCee 4,891]

You mean the I-134 affidavit of support for the K-1 visa. The I-130 is a different form, a visa petition form for immediate relatives. So, it may confuse some people for you to state I-130 instead of I-134.

You include most recent complete tax return with all forms, schedules, W-2s and/or 1099s, or an IRS transcript, plus proof of current income which would be letter from employer and/or recent pay stubs.

Joint sponsor fills out their own I-864, and only needs to include the immigrant in their household count.

What income would be contributing to your joint sponsor's I-864? None, so of course you are not listed there. As a K-1 entrant, you cannot even be working legally in the US yet, AND you do not qualify to use your income for the joint sponsor's I-864, even if you were legally working.