Petitioner Income low for Affidavit of Support for I130 Application

[bapunagar]

Hello Community.
My sister-in-law(brother's wife) petitioned for her two Adult Sons whose priority date is coming near and we are asked to submit paper work. My sister-in-law files joint tax return and their income and savings are as follow:

SIL's Income: 22000
Brother is retired and his Social Security Income: 10000
CASH in savings account: 40000

Petitioned for:
Son1 age 43
Son1Wife age 39
Son1Daughter age 11
Son1Son age 8

Son2 age 41
Son2Wife age 37
Son2Son age 10

As described above two primary applicants and five derivative so total of seven people. Based on what I described, can my SIL sponsor either applicant and their kids? What is the best way to send affidavit of support?
I do not live with my brother but my married filing joint income is around 130K and my savings around 100K. How can I help SIL? Can I sponsor all seven members? Do I become a joint sponsor? Do we both need to file separate i864 for applicants? ANy help and clarification on this will be a big help!

[newacct]

Under the current I-864, the household size for the first petition would be 6 (sponsor, sponsor's spouse, 4 immigrants), and the household size for the second petition would be 5. Current I-864 does not consider people you're filing I-864 for on other petitions unless they've already gotten permanent residency, but the future I-864 might. Household size of 6 needs $43,237 of income. Your sister-in-law's household income does not seem to be sufficient, but yours seems sufficient.

You can act as a joint sponsor for both petitions. For each petition, your sister-in-law would file an I-864 as petitioner (with insufficient income) and you would file a second I-864 as joint sponsor. (So 4 I-864s total.) If your own income is insufficient, you can count your spouse's income on your I-864 if your spouse files I-864A (in that case there would need to be two I-864As, one for each of your I-864s).

[bapunagar]

Thanks newacct. When SIL logs in online, it asks her to pay for i864 but there is no option to pay for another i864 for joint sponsor. Do we need to pay for all four I864s or just two? if four, how do I pay? And how do I tell NVC that we are submiting i864 for joint sponsor also per each applicant.

Also, another thing we noticed that Applicant 1's wife's name is mis spelled. I do see an option to add/remove applicant but I am too afraid to remove incorrect name and add correct name back. Any idea how to resolve this? I contacted AskNVC but have not heard from them.

[newacct]

Thanks newacct. When SIL logs in online, it asks her to pay for i864 but there is no option to pay for another i864 for joint sponsor. Do we need to pay for all four I864s or just two? if four, how do I pay? And how do I tell NVC that we are submiting i864 for joint sponsor also per each applicant.

Just two. Only one fee is charged per petition even if there is a joint sponsor.

Also, another thing we noticed that Applicant 1's wife's name is mis spelled. I do see an option to add/remove applicant but I am too afraid to remove incorrect name and add correct name back. Any idea how to resolve this? I contacted AskNVC but have not heard from them.

Not sure

[bapunagar]

Thanks! Appreciate your help newacct

[bapunagar]

Hello newacct, I am getting ready to fill i864 and have some questions:

As mentioned above, my SIL's income is too low(22K) to sponsor anyone. But we will still need to file i864 from petitioner so she will need to file. I'll be joint sponsor and my income alone will be able to sponsor all family members. Do we still need to list all family members in SIL's i864? SIL has about 42K in her checking account, would it still help to mention eventhough, I as a joint sponsor will be able to sponsor all of them?

My income is good enough to support all of them but I still want to include my wife's income to boost income level. Is that ok to do eventhough it is not needed?

As I understand, we'll need to file i864 from petitioner for each applicant so two i864s. Then as a joint sponsor two i864 for each applicants. My wife will file family member i864a for each applicant so total of 4xi864 and 2xi864a, correct?

Thank you in advance for your help.

[newacct]

As mentioned above, my SIL's income is too low(22K) to sponsor anyone. But we will still need to file i864 from petitioner so she will need to file. I'll be joint sponsor and my income alone will be able to sponsor all family members. Do we still need to list all family members in SIL's i864? SIL has about 42K in her checking account, would it still help to mention eventhough, I as a joint sponsor will be able to sponsor all of them?

Yes, all family members on a particular petition need to be listed on the SIL's I-864 for that petition, since she is the petitioner. SIL's income also needs to be filled out on her I-864s, with tax returns as required. It is not necessary to list SIL's assets, since it's not enough anyway and a joint sponsor is being used.

My income is good enough to support all of them but I still want to include my wife's income to boost income level. Is that ok to do eventhough it is not needed?

sure

As I understand, we'll need to file i864 from petitioner for each applicant so two i864s. Then as a joint sponsor two i864 for each applicants. My wife will file family member i864a for each applicant so total of 4xi864 and 2xi864a, correct?

correct

[bapunagar]

Awesome! Thanks newacct!

[suneha]

Hello Folks,

Have a similar situation, my father had applied petitioned for my Brother + his family and my sister + her family. Now their applications are current and in processing with NVC.

Since my father don't have any income in US, we filled i864 on his behalf and I filled I864a as a household member. Income/dependents/assets are not an issue. However NVC has twice rejected both the i864a, with the following reason.

We are unable to accept these documents as uploaded. Please add Rajesh as Raja's Household Member, and submit all of their documents under Rajesh's name.


In i864 under section 5, we have already listed Rajesh as household member and added my income. So have no idea why NVC continues to reject.

Any help is greatly appreciated.