Questions about Form I-864 and I-864A

[chow12 0]

I, (the petitioner) my current income is not enough so I would need a co-sponsor for the Affidavit of Support (for CR1-spousal visa)

I live with my family (father, brother), my brother is willing to be a co-sponsor and use his income to help me(the petitioner) to meet the income requirements for I-864.

My brother and I live in the same house, but we file our taxes independently every year. 

 

 

Given the situations above, here are some questions I have:

 

1. Which form should my brother use? I-864 (Affidavit of Support Under Section 213A of the INA)
OR
I-864A (Contract Between Sponsor and Household Member)? 

I’m a little confused with the term “household”, if it means that an household member is someone who you claim as a dependent on taxes.

OR if it simply means that an “household member” is any family member that lives on the same address as I do.

 

2. Also, my brother’s filing status is Single. Aside from tax transcripts, will he need to submit paystub or w2’s?

 

3. I, the (petitioner), my filing status for 2018 tax return is Married Filing Separately (because my husband is overseas) 
I’m also planning to submit 3yrs tax transcripts. Aside from that, do I also need to submit paystub or w2’s? 

Thank you in advanced!

[HRQX 4,145]

52 minutes ago, chow12 said:

I’m a little confused with the term “household”, if it means that an household member is someone who you claim as a dependent on taxes.

OR if it simply means that an “household member” is any family member that lives on the same address as I do.

He is eligible to use I-864A: https://www.alllaw.com/articles/nolo/us-immigration/sponsors-household-members-uscis-form-i-864a.html

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,087]

On 8/11/2019 at 12:44 AM, HRQX said:

He is eligible to use I-864A: https://www.alllaw.com/articles/nolo/us-immigration/sponsors-household-members-uscis-form-i-864a.html

I-864a is for combining income.  If the brother qualifies on his own, he should sponsor as a joint sponsor, not the petitioner's household member.  ONLY if they need to COMBINE income to qualify, would the brother use the I-864a.

[Hank_ 9,171]

Can use either the I-864 ("solo" co-sponsor) or I-864a (being you live in the same home, combines his income with yours)

[pushbrk 12,087]

12 hours ago, Hank_ said:

Can use either the I-864 ("solo" co-sponsor) or I-864a (being you live in the same home, combines his income with yours)

Correct, but it is unwise to "combine income" if the joint sponsor qualifies on his own.