I-864, I-864A confusion

[Seth Kaempfer 0]

So, I have been cruising the forums, but can't track down some of the answers i need. Hopefully someone out there can help me out. I'll give some quick back info and then follow up with some Q's.

We are on the I-130 track and are currently filling out the I-864, Affidavit of Support.

I am a US citizen and my wife is Swiss. We have been married for 3 years and have spent the entire time living in Switzerland. I have been a student (apprentice) almost the entire time, and she spent the first 2 as a student and is now working full time.

I have no income or work waiting for me in the United States and neither does she.

Questions:

1.) I am the sponsor, but i have no income. I think, correct me if i'm wrong, i am still required to fill out a I-864. When I am asked about employmemt and income should i write unemployed and 0$? Also, "unemployed since"? Is this going to end up being an attached document were i explain my circumstance?

2.) My mother (same household when we move to the US) will be the joint-sponsor of my wife. She earns 125% over the poverty line for a household of 3. Should she fill out a I-864A to add income to my 0 dollars, or should she fill out a I-864 because she has the only income?

I guess i am confused by all the titels. Who is the sponsor and joint-sponsor if i, as her husband, and petitioner, currently have no income in the US and my mother will be acting as a 'sponsor'? Should we be filling out 2 I-864s and 1 I-864A, etc.?

Keep in mind when we move to the States we will all (3) be under one roof.

I hope this is understandable to those who are reading. Looking forward to your responces.

Thank you!

[Anh map 2,098]

You and mom each complete an I-864 and supply all needed documentation.

See the I-864 FAQ link in my signature below for more information about the USC spouse establishing domicile as well as the affidavit of support.

[Seth Kaempfer 0]

You and mom each complete an I-864 and supply all needed documentation.

See the I-864 FAQ link in my signature below for more information about the USC spouse establishing domicile as well as the affidavit of support.

Thank you very much!

[jessicaruizw 9]

Anh Map - She fills out an I-864 and NOT an I-864a because household (or principal residence) is determined in the "now"...or should I say- even though their intended household is with mother-in-law, since their household/principal residence at THIS MOMENT is not shared with her it is simply I-864?

Is that correct?

[Penguin_ie 6,005]

**** Moving from K3 to CR- forum as K3 visa is obsolete ***

Even if they love together with the MIL later, they will not be financially dependant on her, so I-864 for mom.

[jessicaruizw 9]

Thanks penguin....your answers are always short and sweet.

Now I have a subquestion.....is there a USCIS or NVC agreed upon definition of "financially dependant"?

In my case, we will live with my mom when we get there, and more than likely she will be helping us out for a while untill we both can get jobs. Woudl that be dependant, or does "dependant" mean like filed as a dependant on her tax return?

Edited August 6, 2012 by jessicaruizw

[Penguin_ie 6,005]

It doesn't really matter, because if anything, you would be dependant on her, not her on you. Thus, she would need to file the I-864 in either case and as main sponsor, you need to file a I-864 anyways. The only reason she'd use a I-864A is if she was dependant on you, ie you listed her on your tax return.

[MoroccanLove1 1]

Now you have me confussed about the I-864 and I-1864A. The I-864 is for the Petitioner to complete in this case me and the I-864A Contract Between Petitioner and Household Member where the household member agrees to add their income and assets to the Petitoners.

I am seriously concerned about the I-864 as this is the next step for my Moroccan wife and I.

[Penguin_ie 6,005]

Now you have me confussed about the I-864 and I-1864A.

Start your own topic explaining what you are confused about and people will help you.