I-864 form

[Delaw 0]

I am right now in the US with my wife. I am about to continue with the citizenship journey but I got stuck with this I-864 form. My wife is presently a student and cannot support me but her sister already agreed to help her. The problem is that I do not know how to go about it...we have form i-864 and i-864a...

>>Can my wife still file for i-864 while a student?

>>Who is referred to as the house hold member?...the sister?

>>So her sister will have to file i-864a

>>is the sister now a co-sponsor?

>>can't the sister just file the i-864 since my wife has no job?

Please, fellows, every bit of help will be highly appreciated...

Thanks a lot for all your help so far...one LOVE!

[Inky 1,111]

Your wife has to file one and the co-sponcer has to file one. If your wife does not file one then you will get an RFE. The point of the co-sponcer is because your wife has not enough income.

[trillium13 84]

Your wife has to file one and the co-sponcer has to file one. If your wife does not file one then you will get an RFE. The point of the co-sponcer is because your wife has not enough income.

Right.

Are you filing for AOS?

[JimVaPhuong 4,863]

I am right now in the US with my wife. I am about to continue with the citizenship journey but I got stuck with this I-864 form. My wife is presently a student and cannot support me but her sister already agreed to help her. The problem is that I do not know how to go about it...we have form i-864 and i-864a...

>>Can my wife still file for i-864 while a student?

Your wife is the primary sponsor. She MUST file an I-864 - no exceptions. If her income is insufficient, you're going to need an additional sponsor.

>>Who is referred to as the house hold member?...the sister?

Look at the form, part 5. You count as 1. Your wife counts as 1. Any dependent children each count as 1. Anybody else dependent on her for support counts. Anybody else she's ever signed an I-864 for (if the affidavit is still enforceable) counts. Anybody living in the same household who is submitting an I-864A also counts.

Let's take a couple of examples. First, let's presume your wife has no dependents (other than you), and has never signed an I-864 for anyone else.

If you and your wife live together, and nobody else lives with you (including her sister), then your wife's household size is 2 - herself and you.

If you and your wife live together, and her sister also lives with you, then her household size is 3 - herself, her sister, and you (presuming her sister is going to submit an I-864A).

>>So her sister will have to file i-864a

Does her sister live in the same house with you and your wife? If so, then yes - she signs an I-864A. If not, then she files an I-864.

Now, her sister could just file an I-864, even if she's living with you, but there's an advantage to filing an I-864A - it allows the co-sponsor to combine income with the primary sponsor, making the primary sponsor's income enough to qualify.

>>is the sister now a co-sponsor?

If she signs an affidavit of support then she's a co-sponsor. The I-864 refers to them as "joint sponsors".

>>can't the sister just file the i-864 since my wife has no job?

Depends. If she doesn't live with you then she would file an I-864. If she lives with you then she'd file an I-864A. But your wife still MUST file an I-864. This is absolutely required.

Please, fellows, every bit of help will be highly appreciated...

Thanks a lot for all your help so far...one LOVE!

[Nich-Nick 3,354]

>>Can my wife still file for i-864 while a student?---Yes, she must even if she says $0 income.

>>Who is referred to as the house hold member?...the sister? If the sister lives in the same house with you.

>>So her sister will have to file i-864a----only if she lives in the same house with you.

>>is the sister now a co-sponsor?---yes or also known as joint sponsor

>>can't the sister just file the i-864 since my wife has no job? Sis files I-864 if she lives in a different house from you. Wife files too.

Edit: Oops. Didn't see Jim has already given you a good answer.

Edited August 26, 2010 by Nich-Nick