I have quick question. Please Help!!

[highyork10 23]

I know someone may have asked this question in the past. I apologize if this is the case. Here its: I am a student who hasn't worked since 2009. I am applying for my wife. My brother will be my cosponsor. Now, here is the catch, my brother lives with me at the same address. So I filled the I-864 form while my brother only filled the I864 A form. I have already sent in my AOS package. Did I make a mistake? Should my brother have filled the I 864 form like me also instead of the I864 A form? Thanks immensely guys.

[Ryan H 3,796]

To get the semantics out of the way first, you are not "applying for your wife," you filed a petition. Second, when referring to an I-864, "joint sponsor" is the proper term, not co-sponsor.

Now to answer your question:

Your brother should have submitted an I-864, not an I-864A. The I-864A is for individuals in the same household combining income in order to qualify. By your own statements, you have no income to combine with your brother. Therefore, an I-864 should have been completed by him as a joint sponsor, not a household member.

[Ian H. 207]

The wording isn't very specific and only mentions combining their income with yours. The instructions don't explicitly state that the petitioner has to have a "minimum" income in order to use his household member's income.

It doesn't answer the question, "If I have no income, can a household member still use an I-864A?" In a perfect scenario, your brother would have just filed the I-864 in addition to your own I-864. However, I don't know if anyone has managed to use an I-864A when the petitioner doesn't have income.

I have seen a couple of cases where the petitioner has no income, but the intending immigrant does (they were here on work visas). Normally, an intending immigrant spouse doesn't have to fill out an I-864A anyway, but they are still allowed to combine their income when the petitioner has no income to combine.

Therefore, it could be that as long as your brother makes enough for your household size, including him since he signed the I-864A, that they would accept it as is. Maybe someone who has done it that way can clarify further, if they know for a fact that they will accept it or not. Best case scenario, they accept it. Worst case scenario, they don't accept it and you send in two new and separate I-864's.

[my-journey 0]

You are correct by filing i864 with 0 income and your brother filing i864a.

[highyork10 23]

You are correct by filing i864 with 0 income and your brother filing i864a.

Thats what thought based on the not so clear instructions. I guess I will have to wait and see if that was enough