Jump to content
MrTaurus88

Is it important to show relationship between household member(spouse) and sponsor?

13 posts in this topic

Recommended Posts

Hi all, 

My i485 was denied because my sponsor didn't show relationship between him and his household member who is basically his wife. They didn't file tax together as well as have same address on the tax receipt. 

But from the INA ACT §213a.2 C 1-5 exemption is giving. Especially this below:- 

(5) If the person who signs the affidavit of support attachment is not an intending immigrant, and is any person other than the sponsor's spouse or a claimed dependent of the sponsor, the sponsor must also attach proof that the person is a relative (as defined in 8 CFR 213a.1) of the sponsor and that the affidavit of support attachment signer has the same principal residence as the sponsor. If an intending immigrant signs an affidavit of support attachment, the sponsor must also provide proof that the sponsored immigrant has the same principal residence as the sponsor, unless the sponsored immigrant is the sponsor's spouse 

Can someone explain pls 

Thanks and God bless

Share this post


Link to post
Share on other sites

Was the household member a legal relative or claimed on the sponsor's taxes as a dependant?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
5 minutes ago, geowrian said:

Was the household member a legal relative or claimed on the sponsor's taxes as a dependant?

Yes the spouse is a citizen but they didn't filled tax together or used same address on there tax document

Share this post


Link to post
Share on other sites

But the INA ACT gives exemption to spouse to show relationship...

 

5) If the person who signs the affidavit ofsupport attachment is not an intending immigrant, and is any person other than the sponsor's spouse or a claimed dependent of the sponsor, the sponsor must also attach proof that the person is a relative (as defined in 8 CFR 213a.1) of the sponsor and that the affidavit of support attachment signer has the same principal residence as the sponsor. If an intending immigrant signs an affidavit of support attachment, the sponsor must also provide proof that the sponsored immigrant has the same principal residence as the sponsor, unless the sponsored immigrant is the sponsor's spouse 
 

So do anyone can interpret this?

Share this post


Link to post
Share on other sites
14 minutes ago, MrTaurus88 said:

Yes the spouse is a citizen but they didn't filled tax together or used same address on there tax document

So they are a legal spouse? Because you initially said "who is basically his wife." "Basically a wife" and being legal spouse are very different.

Was this individual claimed as a dependent on the most recent year's tax return? Just being  a spouse does not mean they were a dependent (especially if living apart).

 

12 minutes ago, MrTaurus88 said:

But the INA ACT gives exemption to spouse to show relationship...

 

5) If the person who signs the affidavit ofsupport attachment is not an intending immigrant, and is any person other than the sponsor's spouse or a claimed dependent of the sponsor, the sponsor must also attach proof that the person is a relative (as defined in 8 CFR 213a.1) of the sponsor and that the affidavit of support attachment signer has the same principal residence as the sponsor. If an intending immigrant signs an affidavit of support attachment, the sponsor must also provide proof that the sponsored immigrant has the same principal residence as the sponsor, unless the sponsored immigrant is the sponsor's spouse 
 

So do anyone can interpret this?

This refers to the sponsor including the intending immigrant's income.

So if the sponsor is also the petitioner and they are including their spouse's income, then no I-864 is needed.

If the sponsor is a joint sponsor (not the petitioner), then an I-864A (with evidence of the relationship) would be needed. But this would be a very, very limited case...like where the petitioner is a parent or sibling and the spouse is just a joint sponsor.

 

I'll reiterate the other member's request for more details being needed. Not a summary.

Who is the petitioner? What is their relationship to the beneficiary? What is the beneficiary's current status in the US allowing them to work?

Is there a joint sponsor involved? What is their relationship to the beneficiary?

 

I'm sure there's more questions, but without the answers to the above, it would mean going down various possible routes that may not apply.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
Just now, H&T said:

So the problem is join sponsor. The uncle need i864, and his spouse also need i864a. Besides that, a marriage certificate is needed to proved the relationship.

Yes, my uncle filed the i864 while th e while also filled i864a submitted the certificate of naturalization, 3 years tax return but they forgot to attached marriage certificate. 

 

So the INA ACT quote doesn't apply to them as a sponsor?

Share this post


Link to post
Share on other sites
20 minutes ago, MrTaurus88 said:

The petitioner is my wife.

 

While the joint sponsor and household member is my uncle and his spouse.

So there would be an I-864 from your wife. Presumably her income + assets are insufficient to sponsor you..thus the joint sponsor.

 

The joint sponsor would provide an I-864. If eligible and necessary to combine incomes with their spouse as a household member, their spouse will provide an I-864A. They must show evidence of their relationship and that they living in the same principle residence.

 

I-864A instructions: https://www.uscis.gov/system/files_force/files/form/i-864ainstr.pdf

"Who May Be Considered a Household Member for Purposes of Form I-864A?

...

2. The spouse, parent, child, adult son or daughter, or sibling relative of the sponsor, if that relative has the same principal residence as the sponsor; or

3. Any other individual whom the sponsor has lawfully claimed as a dependent on the sponsor ’s most recent Federal income tax return even if that person does not live at the same residence as the sponsor. If more than one individual agrees to help support the sponsored immigrant, each individual must sign a separate Form I-864A."

 

5 minutes ago, MrTaurus88 said:

So the INA ACT quote doesn't apply to them as a sponsor?

No.

 

"unless the sponsored immigrant is the sponsor's spouse" -> the sponsored immigrant is you. The sponsor here refers to your joint sponsor (the I-864 that the I-864A is being joined with).

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

Thank you

 

Quick one but the intending immigrant if using is asset doesn't need to fill the affidavit of support attachment which is i864a based on the instruction. Likewise if you noted the words they used, it includes

 

1. Intending immigrant

2. Spouse of the sponsor or 

3. Claimed dependant ( a new intending immigrant can't be a claimed dependant?)

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×