I-864 Confusion

[aphailscout]

I, the US-citizen, am getting the paperwork together for the AOS for my immigrant-wife. I am currently a student with no income, so my mother is providing for us for the time being. I know I have to fill out an affidavit of support even though I lack income, but I am confused about two things:

1. Should my mother be filing an I-864 or I-864A (I live in the same house as her- and obviously it is her house)?

2. What should I be placing for my household size? Counting myself and my wife is clear enough. But what about my younger brother, who lives in the same household as I? He is not my dependent, and has no income himself, so do I just not count him anywhere for Part 5? What about my mother? If she should file I-864 and not I-864A do I count her at all?

Thanks.

[rayb]

Aphailscout,

Having struggled with these same challenges many times, I am replying in CAPS to your questions below:

I, the US-citizen, am getting the paperwork together for the AOS for my immigrant-wife. I am currently a student with no income, so my mother is providing for us for the time being. I know I have to fill out an affidavit of support even though I lack income, but I am confused about two things:

1. Should my mother be filing an I-864 or I-864A (I live in the same house as her- and obviously it is her house)?

THERE WILL BE FEWER RFE PROBLEMS IF YOU DO YOUR OWN I-864, AS PRIMARY SPONSOR, AND MOM CONTRIBUTES HER OWN I-864. COUNT AS HOUSEHOLD MEMBERS ONLY THOSE FAMILY MEMBERS CLAIMED ON YOUR TAX RETURN (AND THEN NOT NECESSARILY MANDATORY).

2. What should I be placing for my household size? Counting myself and my wife is clear enough. But what about my younger brother, who lives in the same household as I? He is not my dependent, and has no income himself, so do I just not count him anywhere for Part 5? What about my mother? If she should file I-864 and not I-864A do I count her at all?

DON'T COUNT BROTHER AND DON'T COUNT MOM ON YOUR I-864.

Thanks.