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I-864 or I-864A?

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I have a question about forms I-864 and I-864A, Affidavit of Support.

My husband doesn't have enough income to sponsor me alone. His mother is willing to be the co-sponsor.

The 3 of us live together at his mum's place.

My husband is not listed as a dependant on my mother-in-law tax return. They both fill their tax separately.

My question is, does my mother-in-law have to fill form I-864 or form I-864A (as a household member)?

Thanks for your help!

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I can only list my mother-in-law as part of the household if she is filing I-864A.

It clearly says on Form I-864 Part 5 7. "Optional: If you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting Form I-864A, enter the number here".

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Your mother-in-law can either act as a household member of your husband or as a joint sponsor.

If she chooses to act as a household member of your husband, she is counted in your husband's household size, and your husband and her income are added together for your husband's household income. She would complete an I-864A, and her income would appear on your husband's I-864.

If she chooses to act as a joint sponsor, her income is not added together with your husband's. Her income (plus income of any of her household members, if any) would need to be sufficient by itself to meet the requirements for her household size. She would complete an I-864, and she would not be mentioned on your husband's I-864.

Edited by newacct

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