Need Help with AOS - Forms I-485 and I-864

[CG&LGG 27]

Today we started completing the forms for AOS for my husband. I'm following the instructions and the sample forms on VJ but I have a few questions that I can't seem to find the answers to.

Question 1:

On page 1 of form I-485, it asks for current USCIS status, we put K-1 Visa Holder, just like the example, but the next question "Expires On:" does that mean when his I-94 expires or when the K-1 Visa expires?

Question 2:

Form I-864, TWO questions about the same part:

Question 2.a: My father, whom I live with, is going to be a co-sponsor, does he need to complete form I-864 or 864A? I ask this because on form I-864, it says on Part 5, Question 7: "OPTIONAL: if you have siblings, parents, or adult children with the same principle residence who are combining their income with yours by submitting Form I-864A, enter the number here."

Question 2.b: I am assuming I need to put the number there, for my dad, right? So then counting me, my husband, and my father, the total number should be 3.

If anyone could please answer these questions for me, I would greatly appreciate it! We want to send off our forms on Monday, and these are the only questions that are holding us up!

[wbeem 568]

I can't help with your second question as we never used a co sponsor, but the K1 expiration is the date you need for the first one. It's noted on your visa page in your passport.

[KayDeeCee 4,892]

#1> You put the expiration date of your I-94 there. The K-1 visa expiration was just to enter the US and it became null and void once you did. Your length of stay in the US is shown on your I-94.

#2> If your father is going to be your joint sponsor, then he will fill out his own separate I-864 and he is not counted on your I-864.

If he is going to be your household member and will combine his income with yours to meet the requirement, then he would fill out an I-864A and then would be counted on your I-864, as everyone will be counted in the household size that way and you need enough combined income to cover everyone.

Edited November 13, 2015 by KayDeeCee

[CG&LGG 27]

Thank you so much! I was assuming it was the I-94!

About question 2:

My husband and I are living with my parents until February and then we are moving out.

So my dad will be my household member until then.

My parents file taxes jointly, even though my mom is disabled and can't work.

So considering all of this, should I complete the 864 and my dad complete the 864A? Or both of us complete an 864?

And does my mom need to do anything?

Thanks!!!

[timchew 0]

Hi CG & LG,

On the second question, to figure out whether your father should be a joint sponsor or a household member. First, answer for yourself whether your father PRESENTLY meets the requirements for each (apart from the minimum income requirement):

According to the Affidavit of Support Help Center, to be a sponsor, he must be:

1. a U.S. citizen, national, or permanent resident;
2. age 18 or older; and
3. domiciled in the U.S., including a U.S. territory or possession.

To be a household member who signs a Form I-864A, he must:

• Be at least age 18.
• Be a U.S. citizen, national, or lawful permanent resident. And
• Either:
  • Be the sponsor’s spouse, adult child, parent, or sibling, and live in the same principal residence as the sponsor; or
  • Have been lawfully claimed as a dependent on the sponsor’s most recent Federal income tax return.

Assuming your father presently meets the requirements to be either a sponsor or a household member signing Form I-864A, to my mind, the key fact that you've disclosed is that you are moving out of your father's house in March 2016 (3 months after you file the I-864). This may be important because it's a general principle of immigration law that the applicant must qualify both at the time of filing and at the time the application is adjudicated. In particular, it is USCIS policy that "An affidavit of support must be sufficient both at the time the adjustment of status application is filed and at the time the adjustment application is adjudicated." Your father may no longer qualify as a "household member" on the date your husband's case is adjudicated.

Edited November 14, 2015 by timchew

[KayDeeCee 4,892]

Thank you so much! I was assuming it was the I-94!

About question 2:

My husband and I are living with my parents until February and then we are moving out.

So my dad will be my household member until then.

My parents file taxes jointly, even though my mom is disabled and can't work.

So considering all of this, should I complete the 864 and my dad complete the 864A? Or both of us complete an 864?

And does my mom need to do anything?

Thanks!!!

In that case, have him be your joint sponsor. He will fill out his own separate I-864. His wife can fill out an I-864A to go along with his I-864, or he can make sure to include his W-2 along with their joint IRS transcript to show his individual income from their taxes. He should also include proof of being a USC or LPR and proof of current income with a letter from employer and/or recent pay stubs.

http://www.uscis.gov.../i-864instr.pdf >

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your

Federal individual income tax return for the most recent tax year.

...

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every

Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS

transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

[CG&LGG 27]

Thank you so much for your answer!!!

So what I am going to do is have my dad be a joint sponsor, with an I-864 and include copies of his W2s and 1099s.

You have helped relieve so much stress!

[KayDeeCee 4,892]

You are welcome