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Affidavit of support I-864 Question - No Income - Using Son-in-law's income?

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  • Affidavit of support I-864 Question - No Income - Using Son-in-law's income?

    I have Green Card and filed for my (unmarried under 21) son. I am not working so my income is 0.
    I am living with my daughter and her husband (son-in-law) in USA.
    My daughter is on unemployment and does not have enough income as well.
    However, my son-in-law's income is sufficient.
    The question is how should I fill my I-864 form? Should I mention my son-in-law or just my daughter?
    Do my daughter needs to fill out I-864 separately or I-864A?
    Do my son-in-law also required stand-alone I-864 or I-864A?

    Please guide me, my son is about to reach age 21.
    Thank you in advance,
    Sam

  • #2
    Originally posted by pulseps View Post
    I have Green Card and filed for my (unmarried under 21) son. I am not working so my income is 0.
    I am living with my daughter and her husband (son-in-law) in USA.
    My daughter is on unemployment and does not have enough income as well.
    However, my son-in-law's income is sufficient.
    The question is how should I fill my I-864 form? Should I mention my son-in-law or just my daughter?
    Do my daughter needs to fill out I-864 separately or I-864A?
    Do my son-in-law also required stand-alone I-864 or I-864A?

    Please guide me, my son is about to reach age 21.
    Thank you in advance,
    Sam
    If you let son your turn 21, it will take him at least 10 years to get here.

    Anyone can file be added as additional support to the I-864. Your son-in-law can whether he filed a join tax-return with his wife or not. As long as the income is enough.

    Given your situation and lack of understanding of immigration in your case, I would advice to contact a lawyer to help you. If money is a problem, go to your local city hall or any immigrant organization can help you find a lawyer pro-bono( free service) to help you because your case is simple.
    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
    05/13 Rejected due to lack of I-864
    05/27 resubmitted with explanation
    06/03 Rejected again-same reason
    06/13 Resubmitted with I-864
    07/07 Lockbox emailed back and ask to resubmit
    07/09 Filings accepted with PD 05/08/20 (nice)
    08/06 Prior biometrics applied to I485
    08/28 Took biometrics for I-765 only
    09/28 I-765's Cards Ordered
    10/02 EAD/AP received
    04/12 Interview Sched
    05/11 Interview done approval on the spot but no USCIS update online

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    • #3
      There are two ways in which someone can help with the I-864: as a household member or as a joint sponsor. For household member, it needs to be your spouse or dependent, or one of a few types of relatives who is living in the same residence as you. A household member would fill out an I-864A and would add their income to your household income on your I-864. Daughter is one of the types of relatives that can count if living in the same residence, but son-in-law is not listed in the I-864 as being able to do this.

      For a joint sponsor, they can be anyone who is a US citizen or permanent resident (not necessarily related to you or living with you). They would fill out a second I-864 and would not add their income to your I-864. Given your situation, this is probably the only option. Your son-in-law will fill out a second I-864 as joint sponsor, and your I-864 will not include any household members, and it will have insufficient household income, and you will submit both I-864s.

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

      Comment


      • #4
        Newacct,
        thank you for your answer.

        your answer helped me lot.
        thanks.
        Last edited by pulseps; 08-14-2021, 01:08 PM.

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