I864 vs I864EZ (when joint sponsor is involved)

[F1_to_Green 5]

Apologies for two posts in one day. I've been reading and re-reading everything so much that I've now got to the point where I can't see the forest for the trees!!

I'm using a joint sponsor for my affidavit of support (my mother-in-law). She has already done her I-864 and I've got that all ready to go. Just now working on my wife's affidavit (she's a USC), and I'm not sure if I should be doing the 864 or the 864EZ.

I think ordinarily I would use the 864EZ, but given that I'm also using a joint sponsor, can I still use the 864EZ for my wife, or should I just do another regular 864?

Many thanks as always for all your help. This site is so helpful, and I'm getting sooooooo close!!

[TakumiKobyashi 5]

See question 1.b on the I-864EZ… you can only use the I-864EZ if you answer yes to all 3 questions in part one. You cannot use I-864EZ if you have a joint sponsor.

[kamw 93]

You can't use I-864 EZ- you have a joint sponsor. Question 2 on the form.

[F1_to_Green 5]

Thank you both!!

[newacct 688]

Nowhere does it say that you as the petitioner cannot use I-864EZ if the immigrant also has a joint sponsor. Question 1b is about whether you are only using your income for the purpose of your Affidavit of Support, which is true in this case (since there would be no point to use anything else since there is a joint sponsor anyway).

[F1_to_Green 5]

Nowhere does it say that you as the petitioner cannot use I-864EZ if the immigrant also has a joint sponsor. Question 1b is about whether you are only using your income for the purpose of your Affidavit of Support, which is true in this case (since there would be no point to use anything else since there is a joint sponsor anyway).

Yeah, I'd originally thought that might be the case too. Seems opinions are divided thus far. Is there anyone out there with firsthand experience, per chance?

[mlh 93]

Question 1b says " I am using only my owned earned or retirement income, which is documented using the IRS Form W-2". As you have a joint sponsor, you have to mark No on this because you are using the income of someone else to meet the minimum, which says next to it "(Use I-864)". The AOS is about ALL of the support that is being used to meet the requirement, hence why each person has to fill out a form, not just the one form you are filling out.

[newacct 688]

Question 1b says " I am using only my owned earned or retirement income, which is documented using the IRS Form W-2". As you have a joint sponsor, you have to mark No on this because you are using the income of someone else to meet the minimum, which says next to it "(Use I-864)". The AOS is about ALL of the support that is being used to meet the requirement, hence why each person has to fill out a form, not just the one form you are filling out.

No. "You are using the income of someone else" means you (the sponsor) are "using" (for the purposes of your sponsorship) a household member for your household income on your I-864. The OP is not using anybody's income on his I-864 -- his entire I-864 does not mention anybody's income except his own. The OP's sponsorship does not involve anyone else. That someone else may separately sponsor the immigrant is not relevant to the OP's sponsorship or the OP's I-864.

[mlh 93]

No. "You are using the income of someone else" means you (the sponsor) are "using" (for the purposes of your sponsorship) a household member for your household income on your I-864. The OP is not using anybody's income on his I-864 -- his entire I-864 does not mention anybody's income except his own. The OP's sponsorship does not involve anyone else. That someone else may separately sponsor the immigrant is not relevant to the OP's sponsorship or the OP's I-864.

But if you read the "When not to use the I-864EZ", point 3, section in the instructions, it says you cannot use I-864EZ if you are a joint sponsor, which the OP will be if he is having someone else help sponsor to meet the income requirements.

http://www.uscis.gov/sites/default/files/files/form/i-864ezinstr.pdf

[kamw 93]

When Not To Use Form I-864EZ?

Do not use Form I-864EZ if any of the following conditions apply

. Instead, you must complete and submit Form I-864.

1.

The relative you are sponsoring is not the only person immigrating based upon the underlying visa petition;

2.

You filed or are filing Form I-140, Immigrant Petition for Alien Worker, for the immigrant you are sponsoring;

3.

You are a joint sponsor; or

4.

You are a substitute sponsor filing because the original Form I-130 petitioner is deceased.

Reference : http://www.uscis.gov/sites/default/files/files/form/i-864ezinstr.pdf

[F1_to_Green 5]

Yeah, it's point 3 that seems to be causing disagreements, and that is the exact same point that confused me too. For me, the grey area in '3. you are a joint sponsor' is what 'joint sponsor' specifically refers to in this instance.

Obviously, my mother-in-law is a joint sponsor. She's filled out her I-864. That bit is easy.

But is my wife also called a 'joint sponsor' in this context? The fact that there is one other joint sponsor means that by extension, yes, my wife literally becomes a joint sponsor. But in terms of official forms and titles or labels for this application, is she considered a 'joint sponsor'? Or is she the 'main sponsor' or 'original sponsor', and the mother-in-law the 'joint sponsor'? Or are they both 'joint sponsors'? I know this becomes all rather semantical at this point, but clearly it's an issue that has divided opinions amongst us good folk here at VJ!

My gut instinct is that my wife is my 'main sponsor', and my mother-in-law is my 'joint sponsor', meaning my wife can file an I-864EZ. But I could very easily be swayed to believe otherwise.

There's a good chance that it doesn't even matter and either form would be acceptable. I'm a simple case: no children, no relatives petitioning with me. It's just little ol' me being sponsored, so all the pertinent info would be included on either form.

...But we all fear those RFEs!!

Thank you for the ongoing interest and discussion. I look forwards to the day I'm on the other side of this and helping others!

[F1_to_Green 5]

No. "You are using the income of someone else" means you (the sponsor) are "using" (for the purposes of your sponsorship) a household member for your household income on your I-864. The OP is not using anybody's income on his I-864 -- his entire I-864 does not mention anybody's income except his own. The OP's sponsorship does not involve anyone else. That someone else may separately sponsor the immigrant is not relevant to the OP's sponsorship or the OP's I-864.

I'm not sure I understand you here, my apologies. I didn't think I fill out an I-864 for myself? My income is all from scholarships, so they don't show up as earnings on my tax return, meaning my earnings are technically $0. That's why I'm using a joint sponsor. So I was not going to fill out an I-864 for me at all. Just my wife is going to file one, (because she has to as my spouse and petitioner), and then my mother-in-law, (who is the joint sponsor and the one who can show the necessary $$ on her tax return).

I think, though, what you're saying is that 'joint sponsor' refers to anyone else on that same specific I-864 (i.e. other household members), not for anyone else also filing I-864 as part of the overall application. In which case, I'm inclined to agree with you. But correct me if I've misunderstood.

[kamw 93]

I think newacct's comment complicated a really simple manner.

If your wife is filing for JUST you and using JUST her income- use the I-864ez.

Once your MIL is added both she and your wife are filling out paperwork to JOINTLY sponsor you- use I-864.

[katietw95 16]

Qualifying to Use Form I-864EZ

You may use Form I-864EZ if the statements in

Item Numbers 1.a. - 1.c.

are all true. If you do not select “Yes” for all

three boxes, you do

NOT

qualify to use Form I-864 EZ and therefore must use Form I-864. Submission of the incorrect

affidavit will delay processing.

Item Number

l.a.

Select “Yes” if you are the petitioner who is filing or who has already filed Form I-130, Petition for

Alien Relative; Form I-129F, Petition for Alien Fiancé(e); Form I-600, Petition to Classify Orphan as an Immediate

Relative; or Form I-600A, Application for Advance Processing of Orphan Petition.

Item Number

l.b.

Select “Yes” if you are using only your own earned or retirement income that you can document with

an IRS Form W-2. If you are self-employed, you must select “No” to the question and you cannot use Form I-864EZ.

Item Number

l.c.

The term “immigrating with” in this statement means “on the same visa petition.” Thus, if the person

you are sponsoring is an immediate relative (spouse, child, or certain parents of U.S. citizens), you can automatically

select “Yes” for this box because every immediate relative has his or her own visa petition. If the person you are

sponsoring is a family-based preference immigrant, and the family members listed on the same visa petition are

immigrating with or within six months of the sponsored immigrant, you must select “No” for this box, and you cannot use

Form I-864EZ.

http://www.avvo.com/legal-guides/ugc/the-i-864-affidavit-of-support-1

Based off the above link, it does not seem like your wife can file a form I-864ez because you are using your mother as a joint sponsor also, and your wife would, therefore, not be able to select 'Yes' for 1.b. (listed above) on the I-864ez form. Therefore, your wife would need to file a form I-864.

Edited August 27, 2015 by katietw95

[teeak 224]

I think to avoid any future checklists and RFEs, its best if your wife completes an I-864 instead of the EZ version. When in doubt, go with the regular I-864 Form.

Who knows if reviewers at NVC are divided on the matter just like members of VJ! Lol.