I-864 Co-sponsor questions

[Purple_Paladin 17]

We are filing for my husband and step-daughter here on K1 and K2. We got married August 21. 

I'm a little short on the income requirements for the 125% with him, his daughter and my own children. (just until I graduate nursing school and we'll be fine once he's working.)

We are using a co-sponsor for my husband and step-daughter. 

Does the co-sponsor file a seperate I-864? He's married. Does he file with his wife? (They file taxes jointly.)

 

Is it correct that we do not need to file a separate I-864 for my step-daughter?

What do I check off on my I-864 to indicate that there is a co-sponsor (to cover the fact that I won't meet the 

% requirement.)

 

The doc from the US embassy in France who did his medical exam gave him a hard time about vaccs that he already had (she marked that he didn't have them when he had proof that he did... it was one of the ones you get in 2 or 3 and he had the 3.) He literally got everything that was on the list but apparently they changed the requirement the day before his appointment.

In any case, I think that means we have to get him signed off by a civil surgeon? Where do we go for that? I did do a search and came up with a list of names locally... is it just a doctor with a specific certification from the government?

My husband and step daughter won't be active on my insurance until October. I don't know if it's wise to wait so I guess we're paying oop for that.

 

Facts that may or may not be relevant:

The co-sponsor does not live with us. He is a family member.

 

Also, for the I-765, (auth to work) do we have to file for the I-864 first? 

[Purple_Paladin 17]

I meant to add that he did get his SSN. We tried for my step-daughter, but were told she'd have to have auth to work first.?

[MalloryCat 801]

Does the co-sponsor file a seperate I-864? He's married. Does he file with his wife? (They file taxes jointly.) - yes he does. he will check the box on the I-864 "I am the only joint sponsor". his wife would fill out an I-864A. https://www.uscis.gov/i-864a. 

 

Is it correct that we do not need to file a separate I-864 for my step-daughter? - All intending immigrants must file an I-864 with their AOS packet. However, it can be just a copy of the one you fill out for your husband. From the I-864 instructions:

"Who Needs to Submit Form I-864? In general, the following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent resident in the United States:

Person admitted to the United States as a K-1 nonimmigrant fiancé(e) or K-2 nonimmigrant child of a fiancé(e) of a U.S. citizen and who seeks to adjust status on that basis"

 

What do I check off on my I-864 to indicate that there is a co-sponsor (to cover the fact that I won't meet the 

% requirement.)  - the only thing you check on your I-864 is the first option "I am the petitioner. I filed or an filing for the immigration of my relative" 

include a cover letter with you I-864, you can state in there that you are using a joint sponsor. 

 

The doc from the US embassy in France who did his medical exam gave him a hard time about vaccs that he already had (she marked that he didn't have them when he had proof that he did... it was one of the ones you get in 2 or 3 and he had the 3.) He literally got everything that was on the list but apparently they changed the requirement the day before his appointment.

In any case, I think that means we have to get him signed off by a civil surgeon? Where do we go for that? I did do a search and came up with a list of names locally... is it just a doctor with a specific certification from the government? - you can use this from the USCIS site to find a civil surgeon https://www.uscis.gov/tools/find-a-civil-surgeon. you may want to shop around. a lot of them will not just do the vaccine portion of the I-693.

 

My husband and step daughter won't be active on my insurance until October. I don't know if it's wise to wait so I guess we're paying oop for that. - this is not covered by medical insurance any way. you will have to pay out of pocket regardless. 

 

Facts that may or may not be relevant:

The co-sponsor does not live with us. He is a family member.

 

Also, for the I-765, (auth to work) do we have to file for the I-864 first?  - you file ALL forms together (I-485, I-864, I-765) in the same packet. 

 

I highly suggest watching some YouTube videos from people on how they organized their packets. It helped us a lot when we were putting ours together. 

 

I also highly suggest you read the instructions for the I-864. This is the thing that most people get RFEs for - https://www.uscis.gov/i-864 - https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

read it till your eyes bleed LOL

 

[Edward and Jaycel 2,114]

4 hours ago, Purple_Paladin said:

My husband and step daughter won't be active on my insurance until October. I don't know if it's wise to wait so I guess we're paying oop for that.

 

You will pay OOP for this regardless of insurance so I would get this scheduled as quickly as possible so that you can file it with the original submission package. You don't want to be dealing with an RFE later on in the process for this and delaying your case because of it. This link that @MalloryCat provided will find you all the options for a Civil Surgeon in your area https://www.uscis.gov/tools/find-a-civil-surgeon  Be advised that we had to call over a dozen civil surgeon offices before we found one that would do just the vaccine assessment part of the I-693. That's why I advise you make this a priority.

[Purple_Paladin 17]

3 hours ago, MalloryCat said:

Also, for the I-765, (auth to work) do we have to file for the I-864 first?  - you file ALL forms together (I-485, I-864, I-765) in the same packet

 

I was confused because when I search for the form it tells me to file for the work auth on-line.

[MalloryCat 801]

1 minute ago, Purple_Paladin said:

 

I was confused because when I search for the form it tells me to file for the work auth on-line.

while you technically can

you would have to file the I-485, wait for the NOA1, and then file the I-765.

 

everything is a lot smoother if you file everything via paper at once

[Purple_Paladin 17]

3 hours ago, MalloryCat said:

Does the co-sponsor file a seperate I-864? He's married. Does he file with his wife? (They file taxes jointly.) - yes he does. he will check the box on the I-864 "I am the only joint sponsor". his wife would fill out an I-864A. https://www.uscis.gov/i-864a. 

 

If my brother meets the 125% income requirement for 4 (him, his wife, and my husband and step-daughter) (they have no kids) does my sister-in-law still need to file an I-864a?

[MalloryCat 801]

2 minutes ago, Purple_Paladin said:

 

If my brother meets the 125% income requirement for 4 (him, his wife, and my husband and step-daughter) (they have no kids) does my sister-in-law still need to file an I-864a?

since they filed their taxes jointly, yes she would

USCIS is going to look at the income stated on their joint tax return