I-864 CONFUSION

[TracyHamza 1]

ok everyone i'll be as brief as i can....i sponsored my hubby for the cr-1...our petition was returned and we have a very good chance of reapproval so i'm preparing for the next steps...i'm currently living in Morocco with my hubby so my mother and stepfather will sponsor now...here are my questions and hope someone can help with these...thanks in advance

1)am i still considered a sponsor since i filed the 1-864 even though the petition was returned and am currently living in Morocco with my hubby and not working? (also, my last yr of work I was just under the income level due to surgery so I'm not even sure they would have approved my sponsorship)

2) will I have to re-file a new I-864 along with I-864A for my co-sponsors or will they now be just the sponsors for my husband?

[LotofPatience 65]

ok everyone i'll be as brief as i can....i sponsored my hubby for the cr-1...our petition was returned and we have a very good chance of reapproval so i'm preparing for the next steps...i'm currently living in Morocco with my hubby so my mother and stepfather will sponsor now...here are my questions and hope someone can help with these...thanks in advance

1)am i still considered a sponsor since i filed the 1-864 even though the petition was returned and am currently living in Morocco with my hubby and not working? (also, my last yr of work I was just under the income level due to surgery so I'm not even sure they would have approved my sponsorship)

You as the petitioner is the sponsor.

2) will I have to re-file a new I-864 along with I-864A for my co-sponsors or will they now be just the sponsors for my husband?

Yes, the main sponsor (you) will file I-864 and joint sponsors will file I-864A.

[TracyHamza 1]

thanks...although i did read thru the forms i wanted to double check this due to our new situation and wanted to make sure we did everything right....this process can make a person crazy...lol

[pushbrk 12,286]

thanks...although i did read thru the forms i wanted to double check this due to our new situation and wanted to make sure we did everything right....this process can make a person crazy...lol

I-864a is filed by the joint sponsor and their household member if combining income is needed but only if the joint sponsor is part of the same household as the petitioner. Otherwise, the joint sponsor files an I-864.

Do you and your parents share the same domicile? Is there not one parent who qualifies on their own?

[LotofPatience 65]

I-864a is filed by the joint sponsor and their household member if combining income is needed but only if the joint sponsor is part of the same household as the petitioner. Otherwise, the joint sponsor files an I-864.

Do you and your parents share the same domicile? Is there not one parent who qualifies on their own?

That's correct.

Loto

[atu14 0]

If the salary is off just by little from the poverty line but non-working parents can show their savings and their house on joint sponsor paper. Will that work out well?

[LotofPatience 65]

If the salary is off just by little from the poverty line but non-working parents can show their savings and their house on joint sponsor paper. Will that work out well?

It will work. But remember the household count also will go up. Revise the computation properly.

Loto

[TracyHamza 1]

I-864a is filed by the joint sponsor and their household member if combining income is needed but only if the joint sponsor is part of the same household as the petitioner. Otherwise, the joint sponsor files an I-864.

Do you and your parents share the same domicile? Is there not one parent who qualifies on their own?

oh gosh...didn't realize that...no, i'm currently living in Morocco with my hubby but i'm using my mom's address for uscis purposes...i will ck into if just one will qualify...thanks so much

[TracyHamza 1]

oh gosh...didn't realize that...no, i'm currently living in Morocco with my hubby but i'm using my mom's address for uscis purposes...i will ck into if just one will qualify...thanks so much

i was misunderstanding it as my still being the sponsor and my parents using the 864A as the joint ones...if just one doesn't then they both will do an 864 correct? lol, what a mess

[KittyPollitt 284]

i was misunderstanding it as my still being the sponsor and my parents using the 864A as the joint ones...if just one doesn't then they both will do an 864 correct? lol, what a mess

You and your mother would both file an I 864, if she is the main co sponsor, since you have no income. Your stepfather would file an I 864a, as he is the cosponsor's household member. And Tracy, be sure they BOTH send certified copies of their birth certificates, Casablanca requires one for the I 864a as well.

[pushbrk 12,286]

You and your mother would both file an I 864, if she is the main co sponsor, since you have no income. Your stepfather would file an I 864a, as he is the cosponsor's household member. And Tracy, be sure they BOTH send certified copies of their birth certificates, Casablanca requires one for the I 864a as well.

You folks are confusing this woman. The answer depends on the circumstances. If she and her parents are part of the same household (Please confirm if this is the case.) then the petitioner files an I-864 and each parent would file an I-864a. If combined income is not sufficient, (household size is at least 4 including all sponsors plus any intending immigrants, at minimum)then $5 in parental LIQUID assets can be used to overcome $1 in income shortfall. This should be savings or other liquid accounts documented with account statements. There is no need to list the home because it is not liquid (by definition). If the home IS listed, they need to include an appraisal and mortgage (if any) statement.

[TracyHamza 1]

You and your mother would both file an I 864, if she is the main co sponsor, since you have no income. Your stepfather would file an I 864a, as he is the cosponsor's household member. And Tracy, be sure they BOTH send certified copies of their birth certificates, Casablanca requires one for the I 864a as well.

Thanks Sarah...I wasn't sure how to work things now with our situation...

[TracyHamza 1]

You folks are confusing this woman. The answer depends on the circumstances. If she and her parents are part of the same household (Please confirm if this is the case.) then the petitioner files an I-864 and each parent would file an I-864a. If combined income is not sufficient, (household size is at least 4 including all sponsors plus any intending immigrants, at minimum)then $5 in parental LIQUID assets can be used to overcome $1 in income shortfall. This should be savings or other liquid accounts documented with account statements. There is no need to list the home because it is not liquid (by definition). If the home IS listed, they need to include an appraisal and mortgage (if any) statement.

I'm not sure but I don't think I'd be considered in their household since I'm living in Morocco with my husband...I'm just using my mother's address for a US address for USCIS...when I originally filed the I-864 I was living in an apt. so when I stayed in Morocco I just changed my US address to my mom's...

Will I have to be considered in their household since I'm using the address or just the parents and my husband?

Will I have to file a new I-864 since I'm the petitioner along with my mom filing an I-864 and stepfather I-864A?

[Filipinawife0210 15]

How long have you lived in Morrocco? If over six months, you can DCF at the US Embassy in Casablanca. But, for that you would have to show your address in Morrocco. I assumed that you have to have proof of domicile in the US. I am not sure that using a relative's address, and not having a physical address is appropriate. Can someone clarify this? I am just looking out for the OPs safety. I didn't think using someones address in the States, and living abroad is legal for USCIS purposes.

Pushbrk is correct though, which forms to file differ based on the situation.

Edited October 29, 2010 by Filipinawife0210

[pushbrk 12,286]

I'm not sure but I don't think I'd be considered in their household since I'm living in Morocco with my husband...I'm just using my mother's address for a US address for USCIS...when I originally filed the I-864 I was living in an apt. so when I stayed in Morocco I just changed my US address to my mom's...

Will I have to be considered in their household since I'm using the address or just the parents and my husband?

Will I have to file a new I-864 since I'm the petitioner along with my mom filing an I-864 and stepfather I-864A?

You don't have to be considered part of their household if you don't want to be but you must have domicile in the USA. If your only domicile in the USA is your parents' home, then you are part of the same household. If you can use a different address, then you file the I-864 and one parent also does the same. If the parents need to combine income or assets to qualify, the second parent files an I-864a. First you must be clear on whether you and your parents are part of the same household. Without that, no advice be be counted on. Circumstances control what is needed.