Question about the AOS Package

[Sangita 4]

Good morning to everyone!

I am starting to put together my I-864 package. I am the petitioner filing for my husband. I am unsure to whether I should be filling out the I-864 form. I don't work nor do I have an income. My father is the co-sponsor. I know he has to fill out the I-864A. But who fills out the I-864? I hope to get a reply from someone. It will be greatly appreciated. Thank you.

[Sangita 4]

Can anyone please help me answer the above question?

[spn1025 38]

Can anyone please help me answer the above question?

You fill out the I-864, being the petitioner. The I-864A is for your co-sponsor because you don't make enough money.

[Sangita 4]

You fill out the I-864, being the petitioner. The I-864A is for your co-sponsor because you don't make enough money.

Thank you for the reply . I was asking this because I ran into some forums about the I-864 and certain people say both the petitioner and the co-sponsor needs to fill out the I-864 and the co-sponsor also needs to fill out the I-864A (parts 1 and 3) and part 2 the petitioner has to fill out. So I wanted to get the confusion out of the way. I trust what you said so I'll go with that.

Edited January 8, 2013 by Sangita

[lvchic 2]

Woah! Were exactly on the same boat! I filed for I-864 since i am the petitioner (unemployed). And my dad filed I-864A, he is my co-sponsor and that I am under his income taxes, etc...

[KayDeeCee 4,891]

Good morning to everyone!

I am starting to put together my I-864 package. I am the petitioner filing for my husband. I am unsure to whether I should be filling out the I-864 form. I don't work nor do I have an income. My father is the co-sponsor. I know he has to fill out the I-864A. But who fills out the I-864? I hope to get a reply from someone. It will be greatly appreciated. Thank you.

Since you have no income for your father to combine incomes with, then you should fill out your I-864 and he should fill out his own separate I-864, not the I-864A. The I-864A is for a qualifying household member that resides with you to combine their income with yours to meet the 125% requirement.

The petitioner is always the primary sponsor and will always fill out their own I-864. Fill it out and provide your supporting documents. If you did not file taxes for the past 3 years because you do not work, then provide a statement explaining that you had zero income and were not legally required to file taxes. Your father will be the joint sponsor and fill out his own I-864. He needs to provide his own supporting documents: most recent tax transcript, letter from employer, most recent pay stub(s) and proof of being a USC or LPR. No I-864A needed.

[Sangita 4]

Since you have no income for your father to combine incomes with, then you should fill out your I-864 and he should fill out his own separate I-864, not the I-864A. The I-864A is for a qualifying household member that resides with you to combine their income with yours to meet the 125% requirement.

The petitioner is always the primary sponsor and will always fill out their own I-864. Fill it out and provide your supporting documents. If you did not file taxes for the past 3 years because you do not work, then provide a statement explaining that you had zero income and were not legally required to file taxes. Your father will be the joint sponsor and fill out his own I-864. He needs to provide his own supporting documents: most recent tax transcript, letter from employer, most recent pay stub(s) and proof of being a USC or LPR. No I-864A needed.

Thank you! That was very helpful. So let's say I did work and have taxes filed for the years 2009 and 2010 but I have no where near the income I need to qualify. In that case, does that mean I still fill out the I-864 but the co-sponsor fills out the I-864A?

[KayDeeCee 4,891]

Thank you! That was very helpful. So let's say I did work and have taxes filed for the years 2009 and 2010 but I have no where near the income I need to qualify. In that case, does that mean I still fill out the I-864 but the co-sponsor fills out the I-864A?

It is still better for him to fill out his own I-864. Much easier to deal with and keep track of the household count for each of you.

[Sangita 4]

It is still better for him to fill out his own I-864. Much easier to deal with and keep track of the household count for each of you.

Got it!! Thank you so much