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Who need to fill the form i-864 and i-864A, my spouse or my parents? Do we need to file 2 different i-864(s)?

Little Rock, AR |

We are doing AOS.
My spouse doesn't have income.
We're all living in the same house with her parents who are our joint sponsor.
Her parents filled the tax return jointly, her dad is the primary filer in form 1040.

Attorney Answers 3

  1. First of all, your wife, who is your petitioner is obligated to file her own Form I-864 Affidavit of Support, regardless of her lack of earned income. Then, your step father, as the co-sponsor also needs to file his own I-864, with his wife, his "household member" with whom he together files tax returns having to file and sign the Supplement "A" only,i.e. "Contract Between Sponsor And Household Member".

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. Who is the immigrant? You may want to consult an immigration attorney if you do not clearly meet the income guidelines- the 864's are tricky.

  3. Yes, She needs to fill out I864 and indicate that she is the sponsor. The dad needs to file his own I864 and indicate that he is a joint sponsor. The mother needs to fill out I864A supplement to the dad's form.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.