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  • Affidavit of Support

    Regards. I have a question regarding affidavit of support for immigrant visa. I hope someone can guide me. My brother-in-law has filed a petition for his sister and her husband for immigrant visa. My brother-in-law does not work as he has a speech impairment and does not have taxable income. I have used my income on affidavit of support and completed I-864 for him and I-864A for my income. I also sent my tax returns with the affidavit of support. We have received a notice from the visa center that states that "You do not qualify to use I-864A. Please complete I-864". How should we respond to this?
    Thanks for your help in advance

  • #2
    I-864A is for a "household member" of the sponsor (your brother-in-law) to count the household member's income as part of the sponsor's "household income" on the sponsor's I-864. You do not qualify as your brother-in-law's "household member" because you are not counted as part of your brother-in-law's household in his I-864 Part 5. You are not his spouse or tax dependent, and you cannot be counted in Part 5 #7 either as you are not his sibling, parent, or adult child.

    You can only be a "joint sponsor", which means you fill out your own separate I-864 (your brother-in-law still has to fill out an I-864; you fill out a second one), and your own household income on your I-864 must meet the required level.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you so much for the advice newacct. It will help me a lot.

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