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I-864 Form and Joint Sponsor

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Hello!

We just started to fill out my application for my AOS and have a question about the Affidavit of Support form (I-864).

My husband (US Citizen) just started business school and as a student doesn't meet the minimum income requirement.

My father-in-law will be the joint sponsor and fill out the I-864 form.

So here are my questions:

Does my husband still need to fill out the I-864 form as my petitioner even if he currently has no income?

Or should my father-in law be the only person to fill out a I-864 form?

We don't live in the same household than my in laws so they don't need to fill out the I-864A form, am I correct?

Looking forward to your answers :)

Thank you.


AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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Yes. They both must complete their own form.


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ut7Km8.png

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K-1: NOA1 to Visa Approval - 8 MONTHS, 19 DAYS

AOS: NOA1 to Green Card Approval - 3 MONTHS, 16 DAYS

ROC:  - In Progress 

Citizenship: Eligible - 12/23/2018

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Thank you for your answer!

So both my husband and father-in-law filled out a I-864 form, my husband as the petitioner and my father-in-law as the only joint sponsor.

However, Part 3 question 1 is confusing us:

I am sponsoring the principal immigrant named in Part 2:

Yes or No (Applicable only in cases with two joint sponsors)

For my father-in-law, there is no problem, the answer is yes.

However, as my husband is a student, he is not sponsoring me financially so our first thought was to answer no, but apparently it is not applicable in our case as we only have one joint sponsor and not two.

Any thoughts or ideas on this?

Thank you.


AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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Thank you for your answer!

So both my husband and father-in-law filled out a I-864 form, my husband as the petitioner and my father-in-law as the only joint sponsor.

However, Part 3 question 1 is confusing us:

I am sponsoring the principal immigrant named in Part 2:

Yes or No (Applicable only in cases with two joint sponsors)

For my father-in-law, there is no problem, the answer is yes.

However, as my husband is a student, he is not sponsoring me financially so our first thought was to answer no, but apparently it is not applicable in our case as we only have one joint sponsor and not two.

Any thoughts or ideas on this?

Thank you.

Your husband is the petitioning sponsor and your father-in-law is the only joint sponsor. Answer is yes. Your husband does not need sponsorship as he is a US citizen.


h3aDm4.png

ZfQlm4.png

ut7Km8.png

iqv4m8.png

 

K-1: NOA1 to Visa Approval - 8 MONTHS, 19 DAYS

AOS: NOA1 to Green Card Approval - 3 MONTHS, 16 DAYS

ROC:  - In Progress 

Citizenship: Eligible - 12/23/2018

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Thank you so much for your quick reply :)


AOS Timeline:
August 29, 2015: AOS package mailed to the USCIS in Chicago.
August 31, 2015: AOS package delivered.
September 8, 2015: NOA1 received by text and email (4 receipt numbers).
September 12, 2015: NOA1 received by mail (3 receipt numbers).
September 14, 2015: NOA1 received by mail (1 receipt number).
September 18, 2015: Biometrics appointment letter received for October 1, 2015.
September 22, 2015: Biometrics done. Early walk-in at a different ASC.
September 30, 2015: Case is ready to be scheduled for an interview.
November 11, 2015: EAD card is being produced (Form I-765) and Form I-131 is approved.
November 12, 2015: Form I-765 is approved.
November 15, 2015: Interview scheduled on December 22, 2015.
November 16, 2015: EAD card mailed to me.
November 19, 2015: EAD/AP card received.
December 22, 2015: AOS Interview. Approved on spot.

December 31, 2015: Green Card received.

 

ROC Timeline:

September 29, 2017: ROC package mailed to the California Service Center.

October 6, 2017: NOA received by mail (receipt date: October 2, 2017).

October 16, 2017: Biometrics appointment letter received for October 23, 2017.

October 23, 2017: Biometrics done.

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The I-864A only needs to be filled out if your father-in-law puts his income together with his wife's income.

My mother-in-law co-sponsored me. Her and her husband have been married for 43 years, joint tax returns, 4 properties in both

their names. It was just easier for us to disclose everything together in the I-864 for her and the I-864A for her husband, to make

all numbers match up with the numbers in the tax returns.

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