Form I-864 confusion

[Ciaran110 1]

Hi there,

So far on this journey we have found filling out all of the forms ourselves quiet an easy experience when you spend time on them.

We were just married last week so are now getting all of the forms filled out for the AOS.

I am wondering as to why we have to do another affidavit of support, was the initial one I gave to the embassy not enough, the I-134?

Right now I am doing the I -864, I have practically finished it but am having some issues on the final few parts where they are looking at the tax returns for my wife and father in law who is co signing.

I know this sounds silly but is this form required to send in at this time with the I-485 and I-765, it just crosses my mind because as far as I was concerned the financial side of things was taken care of in the initial I-134 and after these forms were processed I would be legal to work?

I'd appreciate if anyone has the time to help me out or point me in the right direction for this?

Thanks,

Ciaran and Samantha

[KayDeeCee 4,893]

The I-134 was for the non-immigrant K-1 visa. It is not legally binding. Filing for AOS and becoming a permanent resident requires sponsorship and an I-864. An I-864 is legally binding.

What is the problem in regards to the section about tax return income info?

Also, you should go ahead and send in the I-131 too, along with the I-485 and I-765.That way you can receive an EAD/AP combo card.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

Edited November 4, 2014 by KayDeeCee

[aleful 1,905]

hi

ditto, the i134 was for the K1, It expired when she entered the US, now for adjustment of status, she will need a new affidavit of support, which is now legally binding

[Ian H. 207]

I totally agree with you. The people that come up with this stuff don't think very straight sometimes. They require the same things over and over again. They take your fingerprints a gazillion times, and copies of the same things each time, it gets very irritating. Like if you gave a birth certificate when you got the K1, why do you need a copy of it to do the AOS? It's completely redundant.

Sorry for my little rant there lol.

As for the I-864 since your father in law is co sponsoring. Is he filling out I-864 or I-864A? I just want to make sure that you are aware of what you need from both your wife and him.

[KayDeeCee 4,893]

There are a lot of redundant things with immigration. However, you apply for a visa with DoS and AOS with the USCIS. They are different processes. Each one requires their own supporting documentation, even if they sometimes ask for the same documents.

When you file for a spousal visa, you need to provide all the things required for becoming a permanent resident, since you become one when you enter the US with the IR-1/CR-1. When you enter with the non-immigrant K-1, that is not the case and you must go through the separate process of filing for adjustment of status to become a permanent resident. That is when you will need the I-864, vaccination requirements, and possibly proof of marriage(if you have an interview).

[Ciaran110 1]

Thanks for the help. I am getting through them. With regards to the 864, I was going to put my wife on that and then have her dad co- sponsor. However, we were also going to have her uncle as a co sponsor. Is this possible to have two co sponsors or is there a max on one person?

I'd just like to make sure before I have people do the forms just so no one wastes their time.

Thanks again, appreciate the advice and Ian H I completely agree with every word.

C

[Ian H. 207]

You can only have one joint sponsor. The form says two joint sponsors, but that is in the case of multiple immigrants in preference based categories. So you need an I-864 from your wife as the petitioner and a separate one from either her uncle or her dad as the only joint sponsor.

While joint sponsors are not allowed to combine their income with each other or with your wife, they are allowed to combine it with certain members of their household, such as a spouse or adult children. Each person who combines their income with the sponsor must fill out an I-864A.

I would go with the one who makes more money.

Edited November 13, 2014 by Ian H.