I-864 for Parent -- Do I (spouse) need to do an I-864 as well?

[aviator99 51]

Hello all,

 

Question: USC Wife is filing I-130 (Petition Alien Relative -- Immediate Relative) and mother in law is filing I-485 (AOS) for mother in law whom is visiting us here in USA. Wife and I are filling out I-864 Affidavit of Support right now for that. Wife is unemployed, $0.00 income, I am fully employed, high income/no prob on poverty guidelines). 

 

When my wife fills out her AOS -- it asks for all the assets in the bank accounts, etc for our household. She included all of our bank accounts and it is above poverty guidelines/etc.. Now...is that -sufficient- and we're all set (just her I-864 with all the assets listed), or do we -BOTH- have to fill out an I-864 because her -personal- income is 0.00? As in...wife does I-864, but because she earns 0.00, I must sign do an I-864 as well as a "First of Two Joint Sponsors" (I think?) because i'm the one with the job/income/etc.? We are both legally married for 4 years and have filed Joint-Married tax returns for last 4 years, and live in same household, etc.

 

Do we need -two- I-864's, even though we are married, just because SHE is the petitioner of her mother and her income is 0.00? Or does USCIS automatically consider us "A couple" (cause we're married), and one I-864 and all our assets/info is sufficient?

 

Thank you everyone!!!

Edited March 4, 2022 by aviator99

[SteveInBostonI130 3,319]

She fills out the I-864 and lists her individual income and then the combined income for the 2 of you.  You complete the I-864a as a contributing household member.  If your combined income is comfortably above the threshold, she does not have to provide asset information.

 

From the I-864 instructions:  https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

 

Quote

To determine the filing requirements for your relatives included in Part 6., Item Numbers 8. - 19., follow the instructions
below.
1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item
Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part
5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.

 

 

Quote

Part 7. Use of Assets to Supplement Income (Optional)
Only complete Part 7. if you need to use the value of assets to meet the income requirements. If your Current Annual
Household Income (indicated in Part 6., Item Number 15.) is equal to or more than needed to meet the income
requirement as shown by the current Federal Poverty Guidelines (Form I-864P) for your household size (indicated in Part
5., Item Number 8.), you do not need to complete Part 7. If your total household income does not meet the requirement,
you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household
member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these
persons may be combined in order to meet the necessary requirement.

 

[Chancy 6,233]

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