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Form I-864 with AOS I-485 requirements.
I intend to file AOS I-485 for myself and family. This is based on F3 category. The original petitioner (my mother) died after the petition was approved. The priority date for this case is Oct 2018, which is current on visa bulletin board, so now I am filing reinstatement and AOS together. I have EAD and I have been living in US since 2016. NOW my sister is suppose to be substitute sponsor, but her income does not suffice to support herself and my family members, a total of 6 people. I earn 90k annually. As of my understanding as long as we were living with her in her house, I could co-sponsor in form I-864, but since we don't What option am I left with now?
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The intending immigrant's (your) income can always be included in the sponsor's household income, if you are working legally in the US. You do not need to be living together with the sponsor.
This is my personal opinion and is not to be construed as legal advice. -
Thank you for this reply... as I was crazy worried. I was filing separate I-864 as for myself together with I-944, and I have my sister's I-864 where her income is below poverty line to support 6 people including herself. So now from your reply my understanding is that I will not submit 2 separate I-864s, but one, from substitute I -864(my sister) and include myself in it as co sponsor.
is that correct?Comment
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There is one more confusion! When you say that as long as I am working legally I can co-sponsor, so having an EAD under
I-589 pending petition is considered legal right? Even in this case I can co-sponsor? Or nor?
tiaComment
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In form I-864, when my sister as substitute sponsor will put me*the intended immigrant* as co sponsor(Part 6, item# 8-10) while I am legally working in US, then if you go to part 6 item #20 I get $128,000, (included with my sister's income), then on item#21 it asks
The people listed in Item Numbers 8.,11.,14., and 17. have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people.
So that means that, I (intended immigrant) will fill out form
I-864A and attach it with my sister's I-864.
Is that correct?
And separately I will fill out my own I-864, with form I-944 to show my income and that I have never recieved any ki d of govt aid and my income is sufficient to support me and my household??
regards!Comment
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Yes, there is just one I-864 submitted by your sister, the substitute sponsorOriginally posted by SaySid View Post
This is my personal opinion and is not to be construed as legal advice.Comment
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Yes, you are working legally.Originally posted by SaySid View Post
This is my personal opinion and is not to be construed as legal advice.Comment
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Yes, you will be "Person 1" in Part 6. Yes, you will check the box in Part 6 #21 and fill out an I-864A since there are accompanying dependents. No, you will not fill out a separate I-864. You will fill out an I-944 for the public charge determination.Originally posted by SaySid View Post
This is my personal opinion and is not to be construed as legal advice.Comment
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Thank you. Your prompt replies are much appreciated!
grateful.
Regards!Comment
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There is another issue in form I-864A. From this form it seems that the person(intending immigrant) should be the HOUSEHOLD MEMBER of the sponsor? But then it asks for mailing address, physical address..... I am still confused.Comment
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Hmm, I read the I-864 instructions again, and it seems that you're right -- for the intending immigrant's income to be included, either the intending immigrant must live in the same residence as the sponsor, or the intending immigrant must be the sponsor's spouse, neither of which is true in your case. Perhaps you need a "joint sponsor" then. A joint sponsor is anyone (doesn't need to be related to you) who is a US citizen or permanent resident whose household income is enough, who is willing to fill out a second I-864.Originally posted by SaySid View Post
This is my personal opinion and is not to be construed as legal advice.Comment
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