Help with Form I-864

[WishMeLuck 0]

My husband has no income, his mom supports us. This makes her my sponsor, so she has to file I-864, right?

Her co-sponsor is her niece, she doesn't live with us but does have joint accounts with my mother in law, can she co-sponsor? She owns the property we(husband, mother in law, me) live in. What form does she file?

[Harpa Timsah 13,258]

No. The co-sponsor must qualify on their own. Your mother in law cannot add money together with a niece. Your husband is still the primary sponsor, even with no income. Then you need to find a co-sponsor that qualifies to support you plus their family on their own.

Edited June 28, 2012 by Harpa Timsah

[WishMeLuck 0]

No. The co-sponsor must qualify on their own. Your mother in law cannot add money together with a niece. Your husband is still the primary sponsor, even with no income. Then you need to find a co-sponsor that qualifies to support you plus their family on their own.

So my husband is primary sponsor and I can choose either MIL or Niece as my sponsor? They both qualify financially.

[Cathi 5,771]

Husband is primary sponsor, income or not.

[Dewave2 17]

So my husband is primary sponsor and I can choose either MIL or Niece as my sponsor? They both qualify financially.

Yep, your husband is your primary sponsor, and will fill out an I-864.

You can then choose your MIL of niece as your co-sponsor, as long as they qualify financially.

[KayDeeCee 4,893]

So my husband is primary sponsor and I can choose either MIL or Niece as my sponsor? They both qualify financially.

Yes. He would fill out his own I-864 and so would the joint sponsor you choose. The joint sponsor needs to make enough to cover their own household size plus the intending immigrant. http://www.uscis.gov/files/form/i-864p.pdf

Just to clear up things about combining incomes for the I-864, an I-864A can only be used to combine incomes for someone that has the same residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling. This is why the mother cannot combine incomes with the niece, even if they lived together.

[WishMeLuck 0]

Yes. He would fill out his own I-864 and so would the joint sponsor you choose. The joint sponsor needs to make enough to cover their own household size plus the intending immigrant. http://www.uscis.gov/files/form/i-864p.pdf

Just to clear up things about combining incomes for the I-864, an I-864A can only be used to combine incomes for someone that has the same residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling. This is why the mother cannot combine incomes with the niece, even if they lived together.

So my co-sponsor would have to be my mother in law who lives with us?

Also, my husband and daughter are both on food stamps and medicade since he has no income, will that interfere with anything?

If so, can they get off food stamps and it will be ok?

[grrrrreat 109]

So my co-sponsor would have to be my mother in law who lives with us?

Also, my husband and daughter are both on food stamps and medicade since he has no income, will that interfere with anything?

If so, can they get off food stamps and it will be ok?

Your husband needs to fill out an I-864 because he's your petitioner. Your mother in law also needs to fill out a separate I-864 as an additional sponsor. She needs to make enough to cover a household size of 2 (you plus her) as well as her spouse (if she has one) and any other dependents she claims.

The food stamps won't disqualify you, no need to get off them.

[WishMeLuck 0]

Your husband needs to fill out an I-864 because he's your petitioner. Your mother in law also needs to fill out a separate I-864 as an additional sponsor. She needs to make enough to cover a household size of 2 (you plus her) as well as her spouse (if she has one) and any other dependents she claims.

The food stamps won't disqualify you, no need to get off them.

Thank you, you have been a GREAT help!

[KayDeeCee 4,893]

So my co-sponsor would have to be my mother in law who lives with us?

Also, my husband and daughter are both on food stamps and medicade since he has no income, will that interfere with anything?

If so, can they get off food stamps and it will be ok?

No, you do not have to choose a joint sponsor that lives with you. You can choose your MIL or the niece. A joint sponsor can be any US citizen or permanent resident that resides anywhere in the US.