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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


  1. Best answer

    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.


  2. 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.


  3. 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.


  4. 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.


  5. 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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