aos i-864 part 5 - help needed

[istsa99 0]

Hello everyone,

We somehow failed to properly fill I-864 form, part 5, for the second time. This time the NVC arranged for us an interview at the embassy and requested us to bring the new, properly filled I-864 form there.

Here is our situation:

My husband and I currently live with our three year old son in Bosnia. My husband is the US citizen, and our son acquired his citizenship too upon his birth. We are about to immigrate to the USA. Since my husband does not meet minimum requirements to be the only sponsor in this case, we have had his brother, who is also US citizen and lives in the States, be the joint sponsor. So, where the problem appears to be is his brother's AOS document, I-864, part 5 - item 7 and item 8.

His brother currently lives with his wife who does not work, therefore they cannot join incomes in this case. She immigrated to the States maybe five years ago with fiance visa, and he was her sponsor and petitioner at that time. Now she is still a green card holder, but is eligible for citizenship. Since she does not work, she is actually dependent on him (tax etc.) and is part of the household.

We plan to live together with two of them for some time when we arrive there. So, it would be 5 of us in their house in total: my brother-in-law and his wife, my husband that is US citizen, who is my first sponsor and petitioner and who will be in search for a job as soon as we get there, our son and me. At the very beginning, all four of us will actually be dependent on my husband's brother.

As the NVC highlighted the same mistake twice, first time we were asked to submit the new form to them, and this time to bring the new I-864 form to the interview, we obviously did not get it all right.

Since our interview is scheduled rather soon, any help will be highly appreciated.

[slycordinator 6]

I believe for each joint sponsor, you submit an i-864a.

[istsa99 0]

We did, i.e. my husband filled out one too, but the problem seems to be only in his brother's one...

[slycordinator 6]

What I'm getting at is that the section you're referring to doesn't exist on the i-864a. You only file one i-864. Cosponsors file an addendum, i-864a.

[PerditaD 35]

I might be wrong but I think I-864a is submitted only if main sponsor combines income with a co-sponsor, which won't be the case here as OP's husband won't have an income upon their arrival in the US.

I think the household size listed on your husband's brother's I-864 should be 4, covering your brother-in-law, his wife, you and your son. Your husband shouldn't be counted as he isn't covered by I-864.

I might be completely wrong with all this so I hope we'll hear from someone more knowledgeable soon.

ETA - just re-read your original post and since your son is a US citizen, I'm really not sure how and if that changes the household size for your brother-in-law's I-864. Sorry

What I'm getting at is that the section you're referring to doesn't exist on the i-864a. You only file one i-864. Cosponsors file an addendum, i-864a.

Edited April 1, 2016 by PerditaD

[newacct 688]

I think the household size on your brother-in-law's I-864 should be 3 -- your brother-in-law, his wife, and you.

[PerditaD 35]

Yes, I think you're right. The child is a US citizen.

I think the household size on your brother-in-law's I-864 should be 3 -- your brother-in-law, his wife, and you.

[Bosna1234 17]

when is the interview for you

[dwheels76 5,486]

Yes, I think you're right. The child is a US citizen.

Only one person is immigrating your husband. So brothers household size is Him + wife+ husband=3. No 864a is needed. That's it.

[aleful 1,905]

hi

correct, the household size is wrong, it doesn't matter that you will be living in his house, you are still 2 separate households

so the household size for his brother is 3, himself, his wife and you as the beneficiary

only needed the i864 for each

your household size is 3, his brother's household size is also 3

[istsa99 0]

Thanks everyone.

Here's what they said in the last letter:

MY HUSBAND'S BROTHER'S NAME. Form I-864: AOS & Financial Evidence Checklist

[X] In part 5. Sponsor's Household Size, please correct the following...

[x] Item 7. You must account for all siblings, parents or adult children with the same principle residence who are combining their income with yours by submitting Form I-864A.This number must also match the total number of household members listed in Part 6, items 7.a. through 10.c.

[x]Item 8. The household size must equal the sum of: sponsor + traveling applicants + household members filing a form I-864A.

[X] In Part 8. Sponsor's Contract, please correct the following...

[x] Item 6.a. You must sign the form and your signature must be original.

So, the first time for the household size he put 3 members (my brother in law, his wife and me), and they replied with the same message as quoted above.

Then he filled it as 4 (my brother in law, his wife, my husband and me), and my husband also filled out I-864A form together with his brother, i.e. they both signed it, and again the same reply...

[istsa99 0]

Once again, anyone who has been through similar situation or knows what this number should be, pls?

[PerditaD 35]

Did your husband list any income on his i-864?

[istsa99 0]

No, he didn't, as he's been unemployed for some time...