Which I-864 form if no income?

[mollyandstephen 0]

My MIL who is a permanent resident applied for her daughter to immigrate. We are at the point of sending in the Affidavit of Support forms. My MIL just immigrated herself in October and has not had employment since she came to the U.S. My husband will be the co-sponsor and more than meets the requirements. I know that he has to fill out the I-864 form to co-sponsor but which of the I-864 forms does my MIL fill out? Can she fill out the I-864EZ form?

I'm confused since she doesn't have any income to show with tax records. Thanks.

Molly

[RICARDO4EVA2 194]

no she cannot use the EZ form.. but the I-864... both will use the same form.. she will need to include a letter saying why she did not file her income tax.

[JimVaPhuong 4,863]

My MIL who is a permanent resident applied for her daughter to immigrate. We are at the point of sending in the Affidavit of Support forms. My MIL just immigrated herself in October and has not had employment since she came to the U.S. My husband will be the co-sponsor and more than meets the requirements. I know that he has to fill out the I-864 form to co-sponsor but which of the I-864 forms does my MIL fill out? Can she fill out the I-864EZ form?

I'm confused since she doesn't have any income to show with tax records. Thanks.

Molly

There are three minimum requirements for using the I-864EZ:

1. The sponsor is the petitioner who submitted the I-130.

2. There is only one immigrant listed on the I-130.

3. The sponsor is claiming only income documented with a W2 - no self-employment income, assets, etc.

Your mom doesn't technically meet the third requirement because she has no income. There is no provision on the I-864EZ for a sponsor who is not employed. The I-864, on the other hand, has a provision for an unemployed sponsor. She should fill out an I-864.

A side note: How is that someone who immigrated in October is already submitting an affidavit of support for a child? Wouldn't the child's visa category be F2A? Only priority dates prior to August, 2007, are current in the F2A category.

[mollyandstephen 0]

I have the same question actually about the dates. I don't know. All that I know is that the NVC is asking for the Affidavit of Support. We have already paid the fees when they asked for that. Everything is proceeding as if there was no huge backlog. So I don't know. We have been assured by the NVC that they wouldn't ask for this stuff if the visa won't be available within the next year. So we are just doing what they tell us and hoping for the best.

Thanks for your help with the form.

Molly

There are three minimum requirements for using the I-864EZ:

1. The sponsor is the petitioner who submitted the I-130.

2. There is only one immigrant listed on the I-130.

3. The sponsor is claiming only income documented with a W2 - no self-employment income, assets, etc.

Your mom doesn't technically meet the third requirement because she has no income. There is no provision on the I-864EZ for a sponsor who is not employed. The I-864, on the other hand, has a provision for an unemployed sponsor. She should fill out an I-864.

A side note: How is that someone who immigrated in October is already submitting an affidavit of support for a child? Wouldn't the child's visa category be F2A? Only priority dates prior to August, 2007, are current in the F2A category.