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

[Sav1992 0]

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! 

[geowrian 22,335]

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.

[Sav1992 0]

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! 

[Ontarkie 13,917]

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

[Ate 180]

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?

 

[geowrian 22,335]

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 March 13, 2019 by geowrian

[Sav1992 0]

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