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gflores16

I-864 and Joint Sponsor Questions

By gflores16 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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gflores16 Rookie

gflores16   11

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Hi all! I hope everyone is well and safe.
I am working on my AOS right now, but I am currently stuck on the I-864 form(s). My wife (USC) unfortunately does not meet the 125% federal poverty guideline. Her dad, on the other hand does, and has agreed to be a joint sponsor. He and my MIL file taxes jointly, but my wife is not claimed as a dependent in their taxes. All 4 of us live in the same house/address.   

 

My wife has to complete I-864. 

What form does my FIL need to complete?

What form does my MIL need to complete, if any? 

 

Ayrton Proficient

Ayrton   965

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Filed: Citizen (pnd) Country: Brazil
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19 minutes ago, gflores16 said:

Hi all! I hope everyone is well and safe.
I am working on my AOS right now, but I am currently stuck on the I-864 form(s). My wife (USC) unfortunately does not meet the 125% federal poverty guideline. Her dad, on the other hand does, and has agreed to be a joint sponsor. He and my MIL file taxes jointly, but my wife is not claimed as a dependent in their taxes. All 4 of us live in the same house/address.   

 

My wife has to complete I-864. 

What form does my FIL need to complete?

What form does my MIL need to complete, if any? 

 

Spouses are not dependents.

 

FIL files 864. If you want to use your MIL income as well, then she files a 864a. If not, make sure you send evidence of your FIL income, like his W2.

aaron2020 Grand Master

aaron2020   11,651

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23 minutes ago, gflores16 said:

Hi all! I hope everyone is well and safe.
I am working on my AOS right now, but I am currently stuck on the I-864 form(s). My wife (USC) unfortunately does not meet the 125% federal poverty guideline. Her dad, on the other hand does, and has agreed to be a joint sponsor. He and my MIL file taxes jointly, but my wife is not claimed as a dependent in their taxes. All 4 of us live in the same house/address.   

 

My wife has to complete I-864. 

What form does my FIL need to complete?

What form does my MIL need to complete, if any? 

 

Your wife as the sponsor files an I-864.  DON'T COUNT HER PARENTS IN HER HOUSEHOLD.

 

Her father as the Joint Sponsor files his own I-864.  DO NOT COUNT YOUR WIFE IN HIS HOUSEHOLD.  YOU ARE COUNTED IN HIS HOUSEHOLD AS THE INTENDING IMMIGRANT.

 

Father's wife is a Household Member and files an I-864a.  DO NOT COUNT YOUR WIFE IN HER HOUSEHOLD.

gflores16 Rookie

gflores16   11

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14 hours ago, aaron2020 said:

Your wife as the sponsor files an I-864.  DON'T COUNT HER PARENTS IN HER HOUSEHOLD.

 

Her father as the Joint Sponsor files his own I-864.  DO NOT COUNT YOUR WIFE IN HIS HOUSEHOLD.  YOU ARE COUNTED IN HIS HOUSEHOLD AS THE INTENDING IMMIGRANT.

 

Father's wife is a Household Member and files an I-864a.  DO NOT COUNT YOUR WIFE IN HER HOUSEHOLD.

Thank you! To be clear, my wife's household will be 2 (her and me). FIL is 3(him, MIL, and me), and my MIL's household would be 3 (her, FIL, and me)? 

Also - on my FIL's I-864, section 6 (Employment and Income), question 7 asks "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant" -- does he need to list his wife and her individual income?

 

Ayrton Proficient

Ayrton   965

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Filed: Citizen (pnd) Country: Brazil
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4 hours ago, gflores16 said:

Thank you! To be clear, my wife's household will be 2 (her and me). FIL is 3(him, MIL, and me), and my MIL's household would be 3 (her, FIL, and me)? 

Also - on my FIL's I-864, section 6 (Employment and Income), question 7 asks "Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant" -- does he need to list his wife and her individual income?

 

864a doesn't have a question for household size. The household size for your MIL will whatever is on your FIL 864. 

 

Yes, if you're sending a 864a from the MIL, you have to add her to your FIL 864.

 
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