Help!! I don't know what to do!

[ashleydd 0]

I have a situation here. We filed for AOS and got the yellow I-485 paper in the mail shortly after.

My husband and I are college students so his father is actually the sponsor and was the one who filed I-864. We did this because our income would not be up to Immigration's standards.

It says:

"Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponsor.

In order to process your application further, submit a completed and signed Form I-864 for the petitioner/sponsor listed on fORM i-130 or Form I-129F."

the petitioner is my husband and the sponsor is my father in law.

I am just unsure of what to do, if we made a mistake on the paperwork or what...

My father in law was the sponsor for when we applied for the visa as well.

I am just so lost here.

thanks.

[triniredbone 0]

Did you make copies of all the papers sent? and who signed the Affidavit of Support? If your father-in-law is the sponsor, he had to fill out all the paperwork for I-864 application.

I have a situation here. We filed for AOS and got the yellow I-485 paper in the mail shortly after.

My husband and I are college students so his father is actually the sponsor and was the one who filed I-864. We did this because our income would not be up to Immigration's standards.

It says:

"Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponsor.

In order to process your application further, submit a completed and signed Form I-864 for the petitioner/sponsor listed on fORM i-130 or Form I-129F."

the petitioner is my husband and the sponsor is my father in law.

I am just unsure of what to do, if we made a mistake on the paperwork or what...

My father in law was the sponsor for when we applied for the visa as well.

I am just so lost here.

thanks.

[ashleydd 0]

Thanks,

My father in law signed the Affidavit of Support, and he filled out the paperwork for I-864.

Did you make copies of all the papers sent? and who signed the Affidavit of Support? If your father-in-law is the sponsor, he had to fill out all the paperwork for I-864 application.

[Dakine 26]

Both the petitioner and co sponsor have to fill out the I-864.

Yellow I-485?

Edited December 7, 2008 by Haole

[Kathryn41 3,205]

I believe your husband is considered your petitioner and sponsor - even without an income - and your father in law is considered the co-sponsor. Your husband needs to respond to the RFE as sponsor as well. His father is the co-sponsor to meet the financial requirements.

[ashleydd 0]

So I should have sent in two I-864 forms instead of one?

When I send the petitioners in this time, should I send the co-sponsor's in as well?

Both the petitioner and co sponsor have to fill out the I-864.

Yellow I-485?

thanks very much for your help everyone.

[YuAndDan 153]

Thanks,

My father in law signed the Affidavit of Support, and he filled out the paperwork for I-864.

Did you make copies of all the papers sent? and who signed the Affidavit of Support? If your father-in-law is the sponsor, he had to fill out all the paperwork for I-864 application.

Your husband MUST provide I-864 as PRIMARY sponsor even if income is low, your father-in-law can be JOINT-Sponsor, and also provides an I-864. The person who files for I-130 as petitioner MUST sponsor the immigrant (You) that they filed the petition for.

Father-in-law cannot be primary or solo sponsor.

[triniredbone 0]

Yep, that is right, your father-in-law is the co-sponsor but your husband is the petitioner.

If you are using the income of persons in your household or dependents to qualify as a sponsor, you must also submit a separate Form I-864A, Contract Between Sponsor and Household Member, for each person whose income you will use.

Hope it helps!

[triniredbone 0]

So you can use Form I-864 for your husband since he is the petitioner and an I-864A for your father-in-law because you guys are using his income to qualify. Hope it helps and you get through it, it is listed on the website under immigration forms.

[Otto 83]

So you can use Form I-864 for your husband since he is the petitioner and an I-864A for your father-in-law because you guys are using his income to qualify. Hope it helps and you get through it, it is listed on the website under immigration forms.

Just to clarify, an I-864A is used if living in the same household as the co-sponsor (in the OPs case, if living together with the father/father-in-law). Otherwise the FIL would complete an I-864.

(USC Spouse will always be the primary sponsor - regardless of income - and would complete his/her own I-864.)

[SunDrop 59]

So you can use Form I-864 for your husband since he is the petitioner and an I-864A for your father-in-law because you guys are using his income to qualify. Hope it helps and you get through it, it is listed on the website under immigration forms.

Just to clarify, an I-864A is used if living in the same household as the co-sponsor (in the OPs case, if living together with the father/father-in-law). Otherwise the FIL would complete an I-864.

(USC Spouse will always be the primary sponsor - regardless of income - and would complete his/her own I-864.)

Can I jump in with my own question here, please? Redirect me to post my own thread if not

My USC Petitioner/ primary sponsor is registered as living at his parents' address. They do not claim him as a dependent on their joint tax returns, they file as a married couple and he separately as an individual. His income is below 125% of the poverty level for 3 ppl (him, me and my daughter) so we have asked his mother to co-sponsor.

Does this mean that he will be my primary sponsor and we can use his mother's income to 'top up' his income, especially as we'll initially be living with his parents? And if so, will she also need to submit her return for the most recent tax year or just complete an I864A? If not, and she will have to be a co-sponsor, will her husband need to complete an I864A, since they file jointly? They each have an income of $26,500 + which is the level required for 4 people (his mother, father, me and my daughter) but his mom is the 'finance manager' so it's easier to have her as a co-sponsor than Dad!

Hope this makes sense! It would be a lot easier if we only need to provide his tax returns plus an I864 and her authority to 'count' her income through an I864A, since they're registered at the same address.

TIA,

Tish

Edited December 8, 2008 by SunDrop

[mary'n'ev 0]

My USC Petitioner/ primary sponsor is registered as living at his parents' address. They do not claim him as a dependent on their joint tax returns, they file as a married couple and he separately as an individual. His income is below 125% of the poverty level for 3 ppl (him, me and my daughter) so we have asked his mother to co-sponsor.

Does this mean that he will be my primary sponsor and we can use his mother's income to 'top up' his income, especially as we'll initially be living with his parents? And if so, will she also need to submit her return for the most recent tax year or just complete an I864A? If not, and she will have to be a co-sponsor, will her husband need to complete an I864A, since they file jointly? They each have an income of $26,500 + which is the level required for 4 people (his mother, father, me and my daughter) but his mom is the 'finance manager' so it's easier to have her as a co-sponsor than Dad!

When in doubt, always go to the source of the question. In this case, the instructions for the I-864A at http://www.uscis.gov/files/form/I-864A.pdf

It looks like his parent's are eligible to sign the I-864A to supplement your fiance's/husband's income, but, they will be required to submit the same evidence if they were submitting as a joint sponsor with an I-864. The difference, i'm assuming, is that your petitioner's income will be combined with the income of his parents under an I-864A. If you did a joint sponsor (I-864), your joint sponsor's income would have to suffice the poverty guidelines alone. The former, it seems, supplements an income, whereas the latter has to suffice the guideline. It would be in your best interest to do a I-864A. But i'm not sure how USCIS weighs the two (i.e. is a joint sponsor more reliable than a household member?). Probably not, as both forms delineate similar responsibilities to the signee(s)

-Evan

[mrsjeffs 0]

Hi everyone,

I submitted my AOS packet and i made the same error, I called uscis and they told me that my husband should fill out the I864( he does not meet the 125% pverty line) and our roomate should fill out the I864A ( She fills this out because we all live at the same address. I hope this helps

[Eshansmommy 2]

My MIL was our sponsor, but both your spouse and actual sponsor need to send in the I-864. If you live at the same address as your joint sponsor than you need to file I-864A.

[mimimimimi 0]

I would send two I-864, as in the one your father-in-law signed and sent initially he was probably marked as the main sponsor - which he's not. Fill again and send I-864 for both of them, and be careful when you mark who is the "Sponsor-Petitioner" (your husband) and the "Joint sponsor" (your father in law). Also, provide as much documentation of their income as possible, including tax returns, employer letters, pay stubs etc. including your husband's situation - i.e., my husband sent a letter stating that the reason he didn't fill tax returns in the last years was because he was a student.

So I should have sent in two I-864 forms instead of one?

When I send the petitioners in this time, should I send the co-sponsor's in as well?

Both the petitioner and co sponsor have to fill out the I-864.

Yellow I-485?

thanks very much for your help everyone.