Blue Slipped due to I864/I864a

[together4evr 360]

My mother is the sponsor and she filed the i864...i filled out the i864A and so did my dad because he files his joint tax return with my mother. THey specifically asked for his i864A...they didn't ask for my i864 because they said that my mothers i864 met their financial requirement. They told my wife that it CAN take 4-6 months but that's a bit hard to believe for me...i've been researching this out since yesterday and everyone seems to have gotten a response from them after the administrative processing within a month. Im hoping my situation gets resolved in 2-3 weeks...i really hope because its been so long...more than a year

I think the spouse should always fill out the I-864 and any co-sponser fills out the I-864A.

Even if the spouse has NO income she still fills out the I-864 because she will be the first one financially responsible for the husband.

So, I think you need mom to fill out a new I-864A and you fill out the I-864.

Any experienced Vjers Please feel free to correct me if I am wrong.

Edited September 9, 2011 by togetherforever13

[Dave and Kinnari 31]

The petitioner NO MATTER the circumstance ALWAYS fills out I-864. Even if you have 0 income! If you screwed this part up you flat out did not read the instructions.

If you need a co-sponsor/joint sponsor this is where the tricky part comes in. And ALL are different based upon how they file taxes, where they reside and who is head of household.

Edited September 9, 2011 by Dave and Kinnari

[Dave and Kinnari 31]

I will use myself as an example.

I am a college student that has no income as I do not work right now. I fill out I-864. I claim 2 people on my i-864....My wife and I.

My co-sponsor is my father. I live under his residence and he is head of household. He claims me as a dependent on his taxes and he files a joint return with my mother who is currently unemployed. Dad claims 4 on his i-864.... Himself, Mom, Me and my wife. Dad's income alone is enough to qualify and meet the poverty guidelines. So to correctly show the head of household (my father) he would file i-864 and NOT i-864a. I am living under his roof that is why. I sent joint transcripts from 2008-2010, his w-2's and his job letter. I also made sure all the numbers for his i-864 reflected ONLY HIS income and none of mothers as she does not make any income currently as she is unemployed. So this should solve where the income is coming from if the consular officer has any doubts.

As you can see there are a TON of variations that can surface...be clear in what your particular case is so we can guide you to the correct paperwork to file.

Edited September 9, 2011 by Dave and Kinnari

[Dave and Kinnari 31]

What??? You are the petitioner and yet you filled out the I864A form? Not the I864 form? If that's true, that sucks because I just mailed the forms yesterday and maybe they are still wrong.

That person did it incorrectly.

Petitioner ALWAYS fills out the I-864 NO MATTER the circumstance! Even if you have 0 income... petitioner always fills out I-864.

[Dave and Kinnari 31]

My mother is the sponsor and she filed the i864...i filled out the i864A and so did my dad because he files his joint tax return with my mother. THey specifically asked for his i864A...they didn't ask for my i864 because they said that my mothers i864 met their financial requirement. They told my wife that it CAN take 4-6 months but that's a bit hard to believe for me...i've been researching this out since yesterday and everyone seems to have gotten a response from them after the administrative processing within a month. Im hoping my situation gets resolved in 2-3 weeks...i really hope because its been so long...more than a year

You, the petitioner, should have filled out I-864. I am not sure how they are letting it go through if you filled out the I-864a. It specifically states on the AOS package the USC petitioner MUST fill out i-864 even if you do not meet the poverty guidelines.

I think the spouse should always fill out the I-864 and any co-sponser fills out the I-864A.

Even if the spouse has NO income she still fills out the I-864 because she will be the first one financially responsible for the husband.

So, I think you need mom to fill out a new I-864A and you fill out the I-864.

Any experienced Vjers Please feel free to correct me if I am wrong.

Yep, your good.

Co-sponsor might also qualify to file an i-864...it depends on the situation though.

Edited September 10, 2011 by Dave and Kinnari

[198four 0]

You, the petitioner, should have filled out I-864. I am not sure how they are letting it go through if you filled out the I-864a. It specifically states on the AOS package the USC petitioner MUST fill out i-864 even if you do not meet the poverty guidelines.

Yep, your good.

Co-sponsor might also qualify to file an i-864...it depends on the situation though.

I think you're mistaken. My sister in law came to the US eventhough her i864 was NOT filled by the petitioner (her husband). Even for her my mother filled it out and the embassy accepted it. So you might be a bit mistaken on that.

[Dave and Kinnari 31]

I think you're mistaken. My sister in law came to the US eventhough her i864 was NOT filled by the petitioner (her husband). Even for her my mother filled it out and the embassy accepted it. So you might be a bit mistaken on that.

It's quite clear on VJ and the documents that the petitioner is supposed to fill out i-864. I am not going to argue that.

Maybe this in a embassy specific issue... I have seen several people on here do it the way you were saying and they did not even get out of NVC...they were RFE'ed right away...

[198four 0]

It's quite clear on VJ and the documents that the petitioner is supposed to fill out i-864. I am not going to argue that.

Maybe this in a embassy specific issue... I have seen several people on here do it the way you were saying and they did not even get out of NVC...they were RFE'ed right away...

Hmm...can someone confirm this? I know of more than one instance where the petitioner wasnt the one to file the i864 and the visa was still issued.

[198four 0]

ok lets say i messed up and i should've filed an i864 as well......since i have no income right now....should my mother also file an i864 as a joint sponsor?

They returned all the i864, i864As and kept my wife's passport...do i still have time to provide them the right forms or should i? eventhough they did not ask for it?

Edited September 10, 2011 by 198four

[Dave and Kinnari 31]

ok lets say i messed up and i should've filed an i864 as well......since i have no income right now....should my mother also file an i864 as a joint sponsor?

Are you living in her household and does she claim you as dependent?

If so you should have filed it like I did in my post here. http://www.visajourn...14#entry4893314

Edited September 10, 2011 by Dave and Kinnari

[198four 0]

Are you living in her household and does she claim you as dependent?

No...im independent

[198four 0]

By the way, you were absolutely right. I spoke to my brother and he did indeed send an i864.....so i do apologize for that......but if i send it now...will it cause any further delays in processing? They never asked for any i864's prior to this interview and even now, they returned the documents...so im guessing it should not cause any further delays...whats your view?

[198four 0]

This is from the i864A instruction sheet......so a petitioner does NOT HAVE to file an i864 but its good to do so

"What Is a Sponsor?

A ''sponsor'' is a person, either the petitioning relative, a

relative with a significant ownership interest in the petitioning

entity, a substitute in the case of a deceased petitioner, or

another person accepting joint and several liability with the

sponsor, who completes and files Form I-864, Affidavit of

Support under Section 213A of the Act on behalf of an

intending immigrant. A sponsor must be an individual and

may not be an enterprise, a business, or any other type of

organization."

[Dave and Kinnari 31]

The CO said Mom's I-864 is correct right?

The problem lies with yours...send in an I-864 checked off as your the petitioner and your good to go.

Edited September 10, 2011 by Dave and Kinnari

[198four 0]

The CO said Mom's I-864 is correct right?

The problem lies with yours...send in an I-864 checked off as your the petitioner and your good to go.

Yup i should. Thanks!