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How to file Affidavit of Support I-864 with joint (only) sponsor.

Fort Myers, FL |

I am the US citizen spouse who petitioned for my husband, the intending immigrant. I am a stay at home mother, who has not worked in 6 years, so obviously, I have no income to put down for the I-864. My husband and I have two children. My mother has agreed to be the sponsor for my husband. She does not live with us. Do we fill out only one I-864, with her information as the sponsor? How does this work for household size, if she does not live with us? As the original I-130 petitioner, do I have to fill out an I-864 as well, even though I do not work? thank you

Attorney Answers 5

Posted

You file two. One for you with no income and one for the mother. if your husband worked with enough income and lived with you at least last 6 months, you do not need the mother. He can sponsor himself by filing I-864A

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Asker

Posted

yes, this is what I was thinking. My husband and I have lived together our entire marriage. However, his income is not enough, it's just below the amount for the poverty guidelines. Also, he only just got his EAD this month. Our interview is in May. All prior income from employment was "unauthorized" so, that's out. Would his employment still be considered unauthorized if we converted all of our tax info from his ITIN to his new SSN?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

No, authorized or not does not matter, Income is income and he can rely on it.

Asker

Posted

you are very helpful, sir. another question, if I may. if we wanted to us my mother's income, but we don't live with her, we wouldn't be able to use her anyway, right? I see on the instructions that the sponsor and household member must have the same address.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

She does not have to live with you to serve a co-sponsor. You file onoe form for you as the petitioner, you have to do that, income or no income. it is a statutory requirement. You file another form by your mother contemporaneously with yours and in the mother's form you indicate that she is a co-sponsor while in yours, you indicate that you are the petitioner.

Asker

Posted

okay. thank you very much. I appreciate your guidance.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

please mark my answer as best. thank you

Posted

You still need to file I-864 while your mother would file I-864A. I would strongly suggest you work with a qualified immigration attorney to petition for your spouse.

Azam | Snytkin, P.A., 407-571-6926 www.azam-snytkin.com DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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Asker

Posted

Thank you. You mention I-864A, while your two colleagues who responded do not. Which is it? I-864A for my mother or another I-864 for her, in addition to an I-864 for me?

Posted

You must file an I-864 regardless of your income. If your income is not enough, then you must find a co-sponsor to also file an I-864.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Asker

Posted

Your answer did not address much of my question. I am aware I need the co-sponsor, that is why I specifically stated my mother is going to be one.

J Charles Ferrari

J Charles Ferrari

Posted

Actually, it answered virtually your whole set of questions.

Asker

Posted

Sure...

Posted

Even though you do not work, as sponsor, you will complete an I-864. Your mother will complete one also as Co-Sponsor. Do consult an experienced immigration attorney for assistance.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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Asker

Posted

Thank you. Will she file a separate I-864? or an I-864A, as your colleague Mr. Snytkin mentioned? thanks

Posted

You and your mother each file separate I864s. If your husband has been working legally he may be able to file I864a and you use his income.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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Posted

you colleague, Mr. Segal, just stated above that it does not matter if the income was legal or not. which is the truth?

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