I-864 for parents: do I need a I-864A?

[allajones 0]

Hello - 

I am petitioning for both my parents. I live with my husband and have no other dependents. My income covers 125% of poverty level for a household of 4. Should my husband still file I-864A to make a stronger case for my parents not becoming a burden (he makes way more than I do)?

Thank you

 

[geowrian 22,335]

It's not just about having a stronger case, but that you and your spouse have marital property and responsibilities. So they tend to want to see it from both spouses. It's not a hard requirement, but they might get a 221g if you don't do it. Especially if you file MFJ.

 

And for reference, the I-864 is sent at the NVC stage, not the initial petition. I'm not sure where you are with the process.

[allajones 0]

On 4/20/2018 at 1:50 PM, allajones said:

Hello - 

I am petitioning for both my parents. I live with my husband and have no other dependents. My income covers 125% of poverty level for a household of 4. Should my husband still file I-864A to make a stronger case for my parents not becoming a burden (he makes way more than I do)?

Thank you

 

@Dee elle @geowrian Thank you! This makes sense. So I-864 and I-684A for each of the parents. 

[RRM 4]

Hi, I am trying to collect some tips about bringing parents to the U.S.

My father has a visitor visa and he comes once or twice a year to visit us and also some relatives he has in Canada. As my mother has passed away many years ago, I would like him to come live with me and my family. Some questions I have are:

1. If I ask for him, would he loss his USA visitor visa during the process?
2. I am not working yet, can my husband be the main sponsor? Can we attach my father's retirement pension to the application?
3. How long would it take the petition and adjustment of status process?

Thank you if any of you can help me providing some advise.

 

RRM

 

[geowrian 22,335]

6 minutes ago, RRM said:

Hi, I am trying to collect some tips about bringing parents to the U.S.

My father has a visitor visa and he comes once or twice a year to visit us and also some relatives he has in Canada. As my mother has passed away many years ago, I would like him to come live with me and my family. Some questions I have are:

1. If I ask for him, would he loss his USA visitor visa during the process?
2. I am not working yet, can my husband be the main sponsor? Can we attach my father's retirement pension to the application?
3. How long would it take the petition and adjustment of status process?

1. No. He can visit during the process, although it may raise a little additional scrutiny at POE that he intends to return home. Always carry evidence of ties showing you will return home.
2. You would need to be the primary sponsor no matter what, but you can use an I-864A with your spouse to include their income/assets. In some cases the intending immigrant's income can be included...check the I-864 instructions for details.
3. The process will take a little over a year on average. He cannot enter with intent to AOS, though (that's fraud...going back to #1). He will apply for an IR-5 visa after the petition is approved and NVC processing completes.

Edited April 25, 2018 by geowrian

[RRM 4]

2 minutes ago, geowrian said:

1. No. He can visit during the process, although it may raise a little additional scrutiny at POE that he intends to return home. Always carry evidence of ties showing you will return home.
2. You would need to be the primary sponsor no matter what, but you can use an I-864A with your spouse to include their income/assets. In some cases the intending immigrant's income can be included...check the I-864 instructions for details.
3. The process will take a little over a year on average. He cannot enter with intent to AOS, though (that's fraud...going back to #1). He will apply for an IR-5 visa after the petition is approved and NVC processing completes.

Great! Thank you!!!!

[allajones 0]

In looking at I-864 Part 5 - Sponsor's household size, I get number 3 (myself, my husband, and one of my parents - for whom I am filling out). Do I understand this correctly? Even though I am sponsoring both parents, my household size will be 3 or each of the affidavits? 

[allajones 0]

19 hours ago, Dee elle said:

Yes correct  because each application stands alone, and neither is confirmed yet, you only need a household size of 3 for each AOS. 

This is from personal experience.. my son sponsored both of us at the same time... as you are... , and that is how he filled in the forms.. accepted without issue. 

Thank you! I have been dealing with USCIS for 6 years now, and every time there is something new and confusing....