I-864 or I-864a

[Disfan01 9]

Good morning, 

 

our I-130 petition to bring my stepson to live with us in the US was approved and we are preparing to file our affidavit of support with NVC. So, I am the petitioner but have no income as a stay-at-home mom. We were previously living abroad and 2020 was my husband’s first year in the US. We arrived in February and He began his job in June (thanks, Covid).  His annual income is sufficient to file on our own, but it doesn’t look like it going by our tax return for the year so my mom is filing as a joint sponsor. Because I have no income, does my husband file an I-864A or is our joint return and letter from his employer sufficient for the I-864? 
 

Also, we are currently building a house and will be all living together. My mom will have an in-law suite in the new house.  So would she file an I-864 or I-864A?

[Dashinka 23,246]

If I understand this properly, you and your husband would fill out an I864 as the primary sponsor, and your mother can fill out the I864a as a household member with the same principle residence as the sponsor.

 

Maybe someone else can chime in, but that is how I read it.

 

Good Luck!

[aaron2020 11,651]

You as the petitioner file an I-864.

 

Your husband as your Household member files an I-864a.  His current income should be sufficient to meet the Affidavit of Support requirements.  The NVC will notify you that his income may be insufficient due to a lack of a tax return showing an annual income of over 125% of the poverty level and that the CO at the interview will make the final determination.

Have your mother prepare an I-864 as a Joint Sponsor.  

 

[Disfan01 9]

Thanks so much for your replies. So my mom would file an I-864, not an I-864A even though we live in the same residence?