I-864 or I-864A

[sorchaine 10]

While waiting for my husband's I-693 to be finished in a week or so we're working on the other things we need for his AOS. After reading a few topics on here about the I-864 and the I-864A, I'm not sure which we should use.

I am currently a full-time student looking for employment, but as of right now I am unemployed (and have been since focusing on school). So I have no income to show for (other than financial aid and odd jobs I help my grandmother with that she pays me for) and have not filed taxes. My mother is going to be our co-sponsor (she was also the co-sponsor for the K1, the I-134). Our household consists of my father and mother (who file taxes married but separate), my husband and myself, and my nephew (adopted son of my parents). So in total there's 5 living in the household. My mother makes around $50,000 so looking at the poverty guidelines, her income looks to be enough.

Which form would be better for us to do? I know that I'm the main sponsor even though I have no income, so I'm assuming I will still fill out an I-864 on my own regardless? Also, for my mother's would I include myself in the household size? Or just my father, nephew and my husband as the immigrant she is sponsoring?

[YuAndDan 153]

Unless your mother CLAIMS you on her return, you will not count on her I-864. Mother can act as a Joint sponsor and provide an I-864, her I-864 only counts herself, spouse, intending immigrant, and any dependents that are claimed for tax reasons.

Other option you can try is for mother to provide an I-864A and add her income to yours, same count as above, unless you are claimed as a dependent.

You still provide an I-864 as primary sponsor.

[VanessaTony 3,567]

Yep, I-864 for the USC, and I-864A for your mother. She could do an I-864 if she wanted to but the I-864A is better because it ADDS to your income but the I-864 needs to stand alone.

[SunDrop 59]

I assume you will continue to live in your mother's home during the AOS process. If so, then you can use an I-864A from your mother. If not, then you'll need 2 separate I-864s. Don't forget if either sponsors move, you have to notify the USCIS...

[sorchaine 10]

Thank you all for the clarifications! I guess we'll go with the separate I-864s for each since we do plan to move out of my parent's house within the next few months.