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Sav1992

AOS from K1 entry. I-864 and I-864A help!

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Hello! Just looking for some advice as I’m stressing out here!

 

My husband arrived on a K1 and we married within the 90 days. Now we are putting together then AOS package. I am a college student and don’t have the Financial capability to support him. Of course I am still filling out an Affidavit of support I-864 as im his petitioner and main sponsor. We live with my mother who owns her house, and she will be a joint sponsor. My father is no longer alive and she is the sole owner of the house. She will use her house ownership as proof of assets. It’s just us three living here. Does she file an I-864, or an I-864A? Or both? Please help! 

 

Thank you! 

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Technically she qualifies to do either - an I-864 as a joint sponsor OR an I-864A as a household member to combine with your I-864. As for which one is better, it depends on the circumstances.

Doing an I-864 means she only has to be able to support her household + the intending immigrant.

Doing an I-864A she can combine her income/assets with yours, but the household size (and therefore income requirements) will be slightly higher.

 

If you have very little to no income, then the joint sponsor (I-864) is likely better.


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

 

 

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19 minutes ago, geowrian said:

Technically she qualifies to do either - an I-864 as a joint sponsor OR an I-864A as a household member to combine with your I-864. As for which one is better, it depends on the circumstances.

Doing an I-864 means she only has to be able to support her household + the intending immigrant.

Doing an I-864A she can combine her income/assets with yours, but the household size (and therefore income requirements) will be slightly higher.

 

If you have very little to no income, then the joint sponsor (I-864) is likely better.

Thanks for your reply! She has already filled an I-864 and we’ve already put in the compiled aid package. I was just worried it would be sent back as we filled the wrong form or something. Maybe they’d say they want an I-864A instead as we live in her house and she’s my co sponsor. I think we will leave it as it is. 

 

Thanks again! 

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~~Moved to AOS Family K1/K3, from K1 P&P - The OP is working on the AOS process.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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3 hours ago, Sav1992 said:

We live with my mother who owns her house, and she will be a joint sponsor. My father is no longer alive and she is the sole owner of the house. She will use her house ownership as proof of assets.

 

@geowrian

Is this ok for AOS?  I thought that for assets to be considered for financial support, the asset should be easy to liquidate and should not be the primary home of the sponsor?

 

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Posted (edited)
7 minutes ago, Ate said:

Is this ok for AOS?  I thought that for assets to be considered for financial support, the asset should be easy to liquidate and should not be the primary home of the sponsor?

Judgement call by the IO. A home can be used in some circumstances as an asset, although I absolutely would not rely on it as the only evidence of financial support...it's just not reasonable that somebody would sell their home to support somebody else for an I-864, not that it doesn't cause a hardship.

But say the income level needed was $30k and they made $25k/year + had $200,000 in equity in a home. In that case, the equity may be sufficient for the IO to determine there is not a public charge risk.

 

Form the I-864 instructions, just for reference to the OP:

"You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. "

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

 

 

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I really should’ve looked this up before, but she comfortably makes more than 125% above the poverty line to sponsor me. So the house stuff isn’t even really needed. Thanks to you all for your replies. I really appreciate it 

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