I am married to a U.S. citizen and filing for adjustment of status. My wife who's a U.S. citizen does not meet the poverty line, as she is not currently working. I understand that we will need a joint sponsor, and this will be my aunt. The question I have is, do both my wife and my aunt have to fill out I-864 or is my aunt, as the only actual sponsor sufficient? If so, my assumption is that on the form itself she will select: I am the only joint sponsor?
The petitioner must also file the I-864, since it is ultimately "his" (or her) ability to provide for the person petitioned for should the need arise, whether through own or other assets (such as those from a joint sponsor). The joint sponsorship is nevertheless jointly to that of the petitioner, therefore the name "joint." It cannot stand on its own. In other words, your wife will need to provide her financial information, even if she makes zero income, by filling out the form I-864, and then have your aunt fill out a joint form to show that your aunt has sufficient income according to the guidelines set by the government. Good luck!
This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
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The petitioner is always required to 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.
Your spouse is required to file an I-864, even if her income is $0.00. Then your joint sponsor will need to file a separate I-864 as the "only joint sponsor."
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