My wife is currently living at home with her parents and her dad has agreed to fill out an affidavit of support, but we are not sure if he should fill out the I-864 or I-864a. My wife is planning to move out and live on her own about a month before I have my interview date (trying to save up a little money). If her dad fills out the I-864a now, would that be incorrect as she is planning on moving out in a few months? Would we have to refile the form when she changes her address as she will no longer be a part of his residence? Even Though she is currently living in his house and is a part of his residence, can he fill out I-864 rather than I-864a?
Avvo has tagged your question as Medicaid and Medicare. I have relabeled it as an immigration issue so that attorneys experienced in that area can provide you with an appropriate response.
The sponsor/peitioner (your wife) completes I-864, the sponsor's spouse (who may be you, the immigrant) files I-864A if you two file taxes jointly. If your joint income is insufficient to meet the poverty guidelines, they you need another sponsor, who may be her father. Once the I-864 is filed, it remains valid, and there is no need to refile one every time one moves. You should consult an attorney. These forms as not as simple as they may seem.
If they are now living in the same residence they can do an I_864A They can also, if they choose, do separate I_864's.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline