Form I-864& I-485 help!!

[ak8 0]

Hello everyone, I'm on an F-1 visa currently and married. Want to apply for adjustment of status to become a permanent resident. I'm so very confused about filling out forms I-864 (I-864A) & form I-485... My husband doesn't make enough money to meet the poverty guideline requirement, so we will be using his mom's income to meet the requirement. We live together in the same house( me, my hub, his mom, his dad, and his sister)

His mom alone makes $55,000 a year so it should be enough.

My questions are:

1.Does she fill out I-864A or I-864? or both?

2. She filed joint income tax with her husband each year, does her husband have to fill out a form too?

3. on form I-485 part 2 it asks the reason for AOS, which one should I pick??

Thank you in advance! and I will appreciate your help

[KayDeeCee 4,893]

Hello everyone, I'm on an F-1 visa currently and married. Want to apply for adjustment of status to become a permanent resident. I'm so very confused about filling out forms I-864 (I-864A) & form I-485... My husband doesn't make enough money to meet the poverty guideline requirement, so we will be using his mom's income to meet the requirement. We live together in the same house( me, my hub, his mom, his dad, and his sister)

His mom alone makes $55,000 a year so it should be enough.

My questions are:

1.Does she fill out I-864A or I-864? or both?

2. She filed joint income tax with her husband each year, does her husband have to fill out a form too?

3. on form I-485 part 2 it asks the reason for AOS, which one should I pick??

Thank you in advance! and I will appreciate your help

If her income is enough to cover her household size plus you, then she can fill out her own I-864. No need for her husband to fill out anything. Just use her individual income on the form.

You would choose A. http://www.visajourney.com/content/i130guide2

[Penguin_ie 5,994]

*** Moving from AOS from Family visa to AOS from Student visa ****

[ibee 7]

3. on form I-485 part 2 it asks the reason for AOS, which one should I pick??

I am assuming you are married to a US Citizen? If so, then you choose option a. An immigrant petition giving me an immediately available immigrant visa number that has been approved.

[shranjan84 5]

If her income is enough to cover her household size plus you, then she can fill out her own I-864. No need for her husband to fill out anything. Just use her individual income on the form.

You would choose A. http://www.visajourney.com/content/i130guide2

But if she file her tax along with her husband then she would also need to prove her individual income be enough to suffice the requirement. she can send w2 and pay stub for last 3 years. or make things easy ask her husband to file I864A.

[KayDeeCee 4,893]

But if she file her tax along with her husband then she would also need to prove her individual income be enough to suffice the requirement. she can send w2 and pay stub for last 3 years. or make things easy ask her husband to file I864A.

The I-864A is used for a qualifying household member to combine their income with the sponsor filling out the I-864 to meet the 125% requirement. If his income is not needed or being used, there is no need for him to file an I-864A. It does not make 'things easy' to do so.

She would not need to send anything for the last 3 years. She needs to list her individual income on the I-864 from her last 3 years of taxes and list her current income. She only needs to provide her 2011 tax transcript and copy of the 2011 W-2 to show her personal income. She provides a letter from employer and most recent pay stub(s) like anyone else does to document current income.

[ak8 0]

If her income is enough to cover her household size plus you, then she can fill out her own I-864. No need for her husband to fill out anything. Just use her individual income on the form.

You would choose A. http://www.visajourney.com/content/i130guide2

Thank you all for the replies!!

We still have a couple more questions as we are filling out I-864, :

1. so if my mother in law is filling out her own I-864, will she be a co-sponsor or a joint sponsor?(what should I put for line 1 for her I-864?) and line 21 g reads: "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." Does my husband enter 0 since my mother in law is filling out form I-864, and not I-864A?

2. Line 24 b: "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See step-by-step instructions.) Please indicate name, relationship and income." should my husband list my mother in law here?

3. My husband quit his job last month, and he is currently unemployed, does he enter 0 for current individual annual income ?

Many THANKS!!!

[KayDeeCee 4,893]

Thank you all for the replies!!

We still have a couple more questions as we are filling out I-864, :

1. so if my mother in law is filling out her own I-864, will she be a co-sponsor or a joint sponsor?(what should I put for line 1 for her I-864?) and line 21 g reads: "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." Does my husband enter 0 since my mother in law is filling out form I-864, and not I-864A?

For the mother-in-law's I-864, she will check d. in Part 1. For #21 g., he would put 0 because his mother is not filling out an I-864A.

2. Line 24 b: "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See step-by-step instructions.) Please indicate name, relationship and income." should my husband list my mother in law here?

No, he would put None. She is not filling out an I-864A. See the example form: http://www.visajourney.com/examples/INS-Form-I-864.pdf

3. My husband quit his job last month, and he is currently unemployed, does he enter 0 for current individual annual income ?

Yes

Just to clear something up. Household size is not based on who lives in the house. From the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ affidavit of support whom you are still obligated to support.

If your husband has no children or any other dependents, then his household size is 2, himself and you. If his mother has no other dependents she claims on her taxes, then her household size is 3, herself, her husband and you. They will not count each other just because they live together. If neither one claims the other on their taxes, then they do not count each other in their household.