which forms for AOS should we fill out?

[saraio 1]

Hey everyone,

We are a bit confused on which forms we should file for the AOS, the petitioner can't be the sponsor since he doesn't fulfill the income requirements... the petitioner's sister and brother in law will be the co-sponsors (they file their taxes together), they all live in the same place but the petitioner is not a dependant of course.

From what we understand the petitioner needs to file an I-864 form and then the joint sponsors need to file a I-184A form?

If you could help us with this, we'll be very thankful!

[Malak805 0]

The petitioner needs to fill out the I-864 (regardless of income level), then the petitioner's sister and brother in law both need to fill out form 1-864A (they both need to fill out the I-864A since they file taxes together, so that means their income is joint). So they both fill out the I-864A only if they live in the same household as the petitioner, if they do not live in the same household as the petitioner they need to fill out the I-864. They will need to send copies of three most recent tax returns, a letter from employer, Most recent check stubs, bank statements, proof of any asset ownership, proof of same residence as petitioner, proof of relationship between petitioner and household member, and any other supporting evidence. Hope this helps. Good luck!!

[saraio 1]

Now I have another question,

The petitioner, the sister and brother in law (cosponsors) live in the same place, but from what I understand only they sister and brother in law would be the same household since they file their taxes together... then that would mean that they are olny joint sponsors but not same household of the petitioner since although they live at the same place but do not combine their income... the forms would be different then?

The petitioner files I-864 form

The brother in law files another I-864 form?

The sister files I-864A form?

Sorry to keep asking, but I'm still not so sure.

[Anh map 2,098]

Petitioner lives in the same house with his sister and brother-in-law? If yes, then depending on how much income is needed to make up the shortfall perhaps only the sister would need to complete the I-864A to combine her income with the petitioner. Sis would complete the form using only her income information and supply her W2/1099/etc. along with the joint tax return.

If the B-I-L's income is needed then sis does an 864 and B-I-L does an 864A as the B-I-L does not qualify as a household member. (in-laws don't qualify for 864A's)

If petitioner does not live with the sister and B-I-L then sis would complete an 864 and B-I-L would complete an 864A.

[Malak805 0]

When I talked to an NVC operator about a similar issue, he said that a household member would just be anyone living at the same physical address as the petitioner, it doesn't matter if the household member and petitioner file taxes all together, or if they combine income, because for question #21g on the I-864 it says OPTIONAL: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here. So the petitioner would enter the sister and brother in law as (2) here and then they would both fill out the I- 864A. And on Question #24 B and C is where the petitioner would enter the household members name and income, and the Total household income. You should read over the instructions for the I-864 and I-864A just to make sure, or even call the NVC and speak to a operator.

In my case I didn't know about the I-864A and my dad sponsored my husband and I live at the same address as my dad and I am not a dependent on his taxes. So my dad filled out a I-864 as the only sponsor and my mom a I-864A to go along with my dad's I-864, and I filled out another I-864 with no income. I called the NVC when I realized that my dad should have filled out an I-864A since we all live together and he counts as a household member, yet the NVC operator told me not to worry because it doesn't really matter. I was so scared that he was just saying that so I could get off the phone, but my dad's I-864 worked and was approved for my case.....Thank God!!! But I wouldn't take any chances, I would ask around or even call the NVC to ask and to avoid a RFE for the I-864 and delay the process. ~Good Luck~

[Malak805 0]

My mistake the Brother in law does not qualify for a household member of the petitioner even if he lives at the same address. Only a spouse, parent, son or daugher, brother or sister can qualify. So only the sister can fill out the I-864A if her income alone is enough. If not she will need to fill out a separate I-864 and the brother in law and I-864A. Sorry for the confusion.

[saraio 1]

Thank you all for your answers and info.

So we believe that this is what we must do:

The petioner files an I864 form

The sister files an I864 form (becuase sister and husband file their taxes together and she doesn't meet the income requirements alone)

The brother in law files I-864A form

We don´t have their tax transcript though, is it really necessary to have them?

We already wasted 3 months, our lawyer said to wait for the DS230 packet and last week we found out that we are required to file online... we are no longer using a lawyer.

But we would like to file this week if possible, I've been told that to get tax transcripts it could take up til two weeks, we also don't have employment letters, though we have pay stubs...

Should we wait to file until we get transcripts and employment letters for the joint sponsors?

The joint sponsors make more than enough for the income level required...

Now the question is to wait for tax transcripts and employment letters or to file with the tax returns and pay stubs only?

[Anh map 2,098]

You will need all the supporting documentation for the I-864 and I-864A from the joint sponsors just as with your own I-864. (read the instructions thoroughly).

If they include complete copies of their tax returns ( including W2's/1099's, all schedules, etc.) then transcripts are not needed.