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F2B Petitioners Spouse not same residence. Spouse should file I-864 or I-864a?

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  • F2B Petitioners Spouse not same residence. Spouse should file I-864 or I-864a?

    Immigrant application type: F2B
    Petitioner: Father (no income)
    Add sponsor: Mother (with income, tax filing Status: ‘Married filing separately’, not living in same residence but still married)

    In the petitioner’s I-864 form Part 5 item 3 it says 'If you are currently married, enter "1" for your spouse’. Which means you include the spouse as a household member. Then on part 6 item 8 It says: “Income you are using from any other person who was counted in your household size....” So we add my mother there. Then on Part 6 item 21: "The people listed in item numbers 8 .... have completed I-864A....". So now my mother is part of the household even if she is not in the same residence. Should I fillup I-864a or I-864 only?

  • #2
    Yes, the sponsor's spouse is always part of the household even if they do not live together. If your father needs to count your mother's income on his I-864 to reach the required level, then your mother would need to fill out I-864A.

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

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