Do I need to file form I-864 for sponsoring my mom?

[Charlie_lor]

My wife is sponsoring her mom (my mother-in-law). She filed form I-130. We recently received an email from NVC and in the section for her mom it said the following:

We reviewed the Affidavit of Support (Form I-864) and financial evidence you sent to the National Visa
Center (NVC). According to the current poverty guidelines for a household of your size, the income you
listed does not meet the minimum requirement to sponsor the intending immigrant(s) on this petition. If
you provided NVC with proof of assets in lieu of income in order to meet the minimum income
threshold, please note these assets will not be evaluated by NVC and will only be considered at the time
of the visa interview.

NVC will continue working on your case and will schedule a visa interview appointment overseas. If
you have not included evidence of your assets in your submission to NVC, please make sure that you
bring the evidence to the interview appointment. If you do not have proof of assets to meet the
minimum income requirement, we recommend that you seek a joint financial sponsor or a household
member to join you in financially supporting these immigrant family members.

If you choose to add joint sponsors or household members, please have them complete the appropriate
Affidavit of Support form and give it to the visa applicant to submit at their visa interview, along with
supporting financial evidence such as IRS tax returns. Do not send these documents to NVC. During
the visa interview a consular officer will review any proof of assets that you submitted and any
additional sponsorship documents.

1. I assumed this means with my wife's financial evidence alone she's not qualify to bring her mom over, correct?
2. And a joint sponsor may be needed, right?
3. If so, that means I (her spouse) can file form I-864 as a joint sponsor, correct?

Second thing on the email from NVC, it says my mother-in-law needs a "police certificate.
4. Is this the same thing as "Criminal Record"? It seems that this is what they called in Laos.

One last thing, since my wife's sponsoring her mom with the following:

A. You filed a Form I-130 petition for your relative;
B. There is only one applicant on the Form I-130 petition; and
C. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s)

5. She only needs to file form I-864EZ, correct?

Thank you so much any help/suggestion.

[newacct]

My wife is sponsoring her mom (my mother-in-law). She filed form I-130. We recently received an email from NVC and in the section for her mom it said the following:

We reviewed the Affidavit of Support (Form I-864) and financial evidence you sent to the National Visa
Center (NVC). According to the current poverty guidelines for a household of your size, the income you
listed does not meet the minimum requirement to sponsor the intending immigrant(s) on this petition. If
you provided NVC with proof of assets in lieu of income in order to meet the minimum income
threshold, please note these assets will not be evaluated by NVC and will only be considered at the time
of the visa interview.

NVC will continue working on your case and will schedule a visa interview appointment overseas. If
you have not included evidence of your assets in your submission to NVC, please make sure that you
bring the evidence to the interview appointment. If you do not have proof of assets to meet the
minimum income requirement, we recommend that you seek a joint financial sponsor or a household
member to join you in financially supporting these immigrant family members.

If you choose to add joint sponsors or household members, please have them complete the appropriate
Affidavit of Support form and give it to the visa applicant to submit at their visa interview, along with
supporting financial evidence such as IRS tax returns. Do not send these documents to NVC. During
the visa interview a consular officer will review any proof of assets that you submitted and any
additional sponsorship documents.

1. I assumed this means with my wife's financial evidence alone she's not qualify to bring her mom over, correct?
2. And a joint sponsor may be needed, right?
3. If so, that means I (her spouse) can file form I-864 as a joint sponsor, correct?

Second thing on the email from NVC, it says my mother-in-law needs a "police certificate.
4. Is this the same thing as "Criminal Record"? It seems that this is what they called in Laos.

One last thing, since my wife's sponsoring her mom with the following:

A. You filed a Form I-130 petition for your relative;
B. There is only one applicant on the Form I-130 petition; and
C. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s)

5. She only needs to file form I-864EZ, correct?

Thank you so much any help/suggestion.

We don't know what your wife put on her I-864 as her current individual income and current household income. If her current household income doesn't meet the level needed for the household size (your wife's household size plus 1 for the immigrant), then a joint sponsor is needed.

It wouldn't make any sense for you to be a joint sponsor. If your wife wants to count your income, you would simply act as her household member and fill out an I-864A, and then her income and your income would add together to be her household income. That's better than being a joint sponsor, because a joint sponsor and the primary sponsor do not add incomes; each sponsor must have enough income in their household by themselves. (Well, if you were joint sponsor, you could count your wife's income if she acts as your household sponsor, but that would be the same result as your wife's household, just more complicated.)

Not sure about the police certificate.

[rayb]

The required police reports go by different names in different countries, but every immigrant visa entrant needs such police "clearances" from all countries in which they have lived or worked since the age of 16.

There are a couple of countries from which such clearances are not accepted by the NVC, and some circumstances for which clearances cannot be obtained, even though expected by the NVC.

--Ray B

My wife is sponsoring her mom (my mother-in-law). She filed form I-130. We recently received an email from NVC and in the section for her mom it said the following:

We reviewed the Affidavit of Support (Form I-864) and financial evidence you sent to the National Visa
Center (NVC). According to the current poverty guidelines for a household of your size, the income you
listed does not meet the minimum requirement to sponsor the intending immigrant(s) on this petition. If
you provided NVC with proof of assets in lieu of income in order to meet the minimum income
threshold, please note these assets will not be evaluated by NVC and will only be considered at the time
of the visa interview.

NVC will continue working on your case and will schedule a visa interview appointment overseas. If
you have not included evidence of your assets in your submission to NVC, please make sure that you
bring the evidence to the interview appointment. If you do not have proof of assets to meet the
minimum income requirement, we recommend that you seek a joint financial sponsor or a household
member to join you in financially supporting these immigrant family members.

If you choose to add joint sponsors or household members, please have them complete the appropriate
Affidavit of Support form and give it to the visa applicant to submit at their visa interview, along with
supporting financial evidence such as IRS tax returns. Do not send these documents to NVC. During
the visa interview a consular officer will review any proof of assets that you submitted and any
additional sponsorship documents.

1. I assumed this means with my wife's financial evidence alone she's not qualify to bring her mom over, correct?
2. And a joint sponsor may be needed, right?
3. If so, that means I (her spouse) can file form I-864 as a joint sponsor, correct?

Second thing on the email from NVC, it says my mother-in-law needs a "police certificate.
4. Is this the same thing as "Criminal Record"? It seems that this is what they called in Laos.

One last thing, since my wife's sponsoring her mom with the following:

A. You filed a Form I-130 petition for your relative;
B. There is only one applicant on the Form I-130 petition; and
C. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Forms W-2 provided by your employer(s) or former employer(s)

5. She only needs to file form I-864EZ, correct?

Thank you so much any help/suggestion.

[Charlie_lor]

We don't know what your wife put on her I-864 as her current individual income and current household income. If her current household income doesn't meet the level needed for the household size (your wife's household size plus 1 for the immigrant), then a joint sponsor is needed.

It wouldn't make any sense for you to be a joint sponsor. If your wife wants to count your income, you would simply act as her household member and fill out an I-864A, and then her income and your income would add together to be her household income. That's better than being a joint sponsor, because a joint sponsor and the primary sponsor do not add incomes; each sponsor must have enough income in their household by themselves. (Well, if you were joint sponsor, you could count your wife's income if she acts as your household sponsor, but that would be the same result as your wife's household, just more complicated.)

Not sure about the police certificate.

Thank you very much for the clarification. My wife filled out the I-864EZ not the I-864. So, I guess she'll fill out the I-864 and I will fill out the I-864a then. Thanks!