How to prove relation between you and your aunt?

[princesslovalova 0]

Hi all! I hope someone can help me. My husband is filing for his mother who lives in her home country. He submitted I-864 for himself and one for his aunt who is a co-sponsor. However, USCIS is requesting proof that he and his aunt are related. He had submitted a copy of his and her birth certificate as they both have the same last name. However, they sent him an e-mail again requesting that he send proof of their relationship which he already did.

What other way can he prove that he's related to his aunt?

I think the fella who helped him with his paperwork submitted I-864A for his aunt, which is why they keep requesting the proof ! Does anyone have any thoughts or ideas as to how to go about this?

Edited December 22, 2010 by princesslovalova

[Penguin_ie 5,985]

That is very strange, as there is no need to be a relative to be a co-sponsor. Maybe send a notarised letter explaining your relationship, why and how long you have lived together etc?

[Deputy Purple 1,294]

First thought that comes to mind is "A Co-Sponsor doesn't have to be related so why do they care?"

But if you really need to prove the relationship then I would guess that 3 Birth Certificates would do the job:

1) Aunt's Birth Certificate

2) Mom's Birth Certificate

3) Your Birth Certificate

Aunt & Mom's should prove they are sisters. Your's proves you're the child of your Mom (Aunt's Sister).

[princesslovalova 0]

Thanks so much for your replies Bob4Anna and Penguin_ie !!! I will make these suggestions to him and take it from there

First thought that comes to mind is "A Co-Sponsor doesn't have to be related so why do they care?"

But if you really need to prove the relationship then I would guess that 3 Birth Certificates would do the job:

1) Aunt's Birth Certificate

2) Mom's Birth Certificate

3) Your Birth Certificate

Aunt & Mom's should prove they are sisters. Your's proves you're the child of your Mom (Aunt's Sister).

Edited December 22, 2010 by princesslovalova

[Nich-Nick 3,353]

If he did an I-864 and added her income to his form, then she completed the I-864A agreeing to also be responsible, she would have to qualify as a "household member".

The Instructions for I-864A say--

Who May Be Considered a "Household Member" for Purposes of This Form?

• A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;
• A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;
• The intending immigrant, in certain circumstances. (See "How Can the Intending Immigrant Be Considered a Household Member"?)

So the aunt has to prove she is a relative living in the same house. BUT if you read the instructions, being an aunt relation doesn't qualify. Non-related persons doing an I-864A have to have been claimed as dependents on income tax.

So proving he and aunt are related is not going to do you any good for the sponsorship. They could each do a separate I-864, your husband as sponsor and aunt as a joint sponsor if he didn't have enough income. Aunt would have to make enough on her own and not add her's to your husband's.

Edited December 22, 2010 by Nich-Nick

[JimVaPhuong 4,863]

If he did an I-864 and added her income to his form, then she completed the I-864A agreeing to also be responsible, she would have to qualify as a "household member".

The Instructions for I-864A say--

Who May Be Considered a "Household Member" for Purposes of This Form?

• A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;
• A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;
• The intending immigrant, in certain circumstances. (See "How Can the Intending Immigrant Be Considered a Household Member"?)

So the aunt has to prove she is a relative living in the same house. BUT if you read the instructions, being an aunt relation doesn't qualify. Non-related persons doing an I-864A have to have been claimed as dependents on income tax.

So proving he and aunt are related is not going to do you any good for the sponsorship. They could each do a separate I-864, your husband as sponsor and aunt as a joint sponsor if he didn't have enough income. Aunt would have to make enough on her own and not add her's to your husband's.

Agreed!

The "fella who helped him with his paperwork" blew it. She should have filled out and signed an I-864 rather than an I-864A. I suggest you get her to fill out an I-864 and send it with your response. Make sure it contains the required supporting documents (proof of citizenship or resident status, and tax return or transcript). Also, if your aunt's income was included on your husband's I-864 in section 24 then he's also going to need to fill out a new I-864 that doesn't contain that information.

[princesslovalova 0]

Understandably so! But my question still is how does he prove that he is related to his aunt who lives in the same household?

He has already sent the form i-864A; now he has to send proof of relation!!!

Agreed!

The "fella who helped him with his paperwork" blew it. She should have filled out and signed an I-864 rather than an I-864A. I suggest you get her to fill out an I-864 and send it with your response. Make sure it contains the required supporting documents (proof of citizenship or resident status, and tax return or transcript). Also, if your aunt's income was included on your husband's I-864 in section 24 then he's also going to need to fill out a new I-864 that doesn't contain that information.

[Nich-Nick 3,353]

Understandably so! But my question still is how does he prove that he is related to his aunt who lives in the same household?

He has already sent the form i-864A; now he has to send proof of relation!!!

An AUNT doesn't qualify for I-864A so proving they are related is a waste of time

"A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling". Is she his wife (no), his child (no), his mother (no), his sister (no). She can't do an I-864A. She can do an I-864 and doesn't have to prove relation for that. Totally different rules. Do what Jim explained.

If you prove he is related to the aunt, they will come back with another RFE and say "sorry an aunt doesn't qualify" or worse deny the application because they don't always give you more than one shot on an RFE.

Edited December 22, 2010 by Nich-Nick

[princesslovalova 0]

Point taken!!! I now get what ur saying. We will try that route. Thanks a bunch!!

An AUNT doesn't qualify for I-864A so proving they are related is a waste of time

"A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling". Is she his wife (no), his child (no), his mother (no), his sister (no). She can't do an I-864A. She can do an I-864 and doesn't have to prove relation for that. Totally different rules. Do what Jim explained.

If you prove he is related to the aunt, they will come back with another RFE and say "sorry an aunt doesn't qualify" or worse deny the application because they don't always give you more than one shot on an RFE.

[Kathryn41 3,205]

Moving to Bringing a Family Member of a US Citizen to the US forum from AOS forum as this discusses sponsorship of a family member overseas