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i-864 and i864a?? help!!!!

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  • i-864 and i864a?? help!!!!

    can anyone tell me whats the difference between i-864 and i-864a?? pleasee help me.

    my current status is k1 visa holder. got married last 3.20.11 and preparing for my AOS/EAD. my wife is currently unemployed but still she's my principal sponsor and my aunt as the co-sponsor/joint sponsor. what forms are they going to use?? is it i-864 for both of them?? or i-864 (wife) and i-864a (aunt)? thanks god bless you all

  • #2
    do i have to notarized the i864 form?? thanks thanks for helping me

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    • #3
      Nothing has to be notarized.

      I-864 is for primary sponsor (your spouse) and also for a joint sponsor (your aunt).

      I-864A can be used by a primary or joint sponsor if they want to include a family member's income. They must be immediate family (parent, child, spouse) of the sponsor/joint sponsor and live in the same house.

      Examples:

      Mary is (primary) sponsoring her mother for a visa. Mary can include income from other family members living in her house. Mary includes her husband's income. The husband must do an I-864A which a) gives his permission for Mary to include his income, and b) gives his signed pledge to also be held responsible for the immigrant.

      Sue is (primary) sponsoring her husband for AOS. Sue can include income from other family members living in her house. Sue lives with her father and includes her father's income. The father must do an I-864A which a) gives his permission for Sue to include his income, and b) gives his signed pledge to also be held responsible for the immigrant.


      Aunt Kay is joint-sponsoring her nephew for AOS. Aunt Kay can include income from other family members living in her house. Aunt Kay includes her husband's income. Her husband must do an I-864A which a) gives his permission for Aunt Kay to include his income, and b) gives his signed pledge to also be held responsible for the immigrant.
      Last edited by nichole; 04-26-2011, 08:18 AM.

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      • #4
        that means if my AUNT (joint sponsor) is qualified enough. i mean financially and she completed the needed documents (greencard, passport,) does she need the permission of her husband? . because i have my aunt and her husband's tax return, "they are together". do you think the uscis will question me for not filing i-864a??

        ms. nichole thank you very much! everything is clear now!! more power to you and your family...

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        • #5
          If the aunt makes enough money by herself to support her whole family (her, husband, kids) ** (you) then she can be the joint sponsor with her own I-864. Count her family size and look at the required amount.

          She can submit the joint tax return, but needs to show her part of it with other proofs. When she lists her income on the form, it's nothing to do with the tax return but her current yearly income. As proof she could include her W-2 form; a letter from her employer stating position, salary, etc.; 6 months of her most recent pay stubs.

          The only reason her husband would have to do an I-864A is if she fell short of the mark for her family size ** and needed to add his income to the pot.

          Edit to add: For my K1 husband's AOS, I listed my current income as explained above, but on the lines where they want to know the last 3 years tax returns, I listed as shown on the return. One of them was a joint return with my deceased husband (before he died) and clearly included his income. I didn't try to separate out what my return would have been alone. And I sent that joint return (optional as only most recent is required.) They never questioned it and my husband got his greencard with no interview. So I'm saying where your aunt has to list numbers from tax returns, I think it's okay to list the amount from the joint return on the form. She will show her separate income with the other evidences. Hope that makes sense.
          Last edited by nichole; 04-26-2011, 09:38 PM.

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          • #6
            i already passed my application. thank you..

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