I-864 Vs I-864A - Co-sponsor who lives in same household question!

[hecter]

I (petitioner) filed i130 for parents (beneficiaries). I will be filling out I-864 soon but have few questions as my income won't be sufficient.

1. My income is not enough, neither is my husband's. Our combined income won't be enough either! I understand I will have to file I864 regardless, but will my husband still need to file I-864A along with my I864? I will be submitting IRS transcripts, but it shows our combined income for past year (again, NOT sufficient). Do I need to show them my individual income, even though it won't matter since I will have a co-sponsor (see question 2 below) AND not file spouse's I864A?

2. My brother-in-law (husband's brother) will be the co sponsor or joint sponsor. What form my brother-in-law would file if he lives in same household as us? His income is more than sufficient to sponsor each of my parents however we are confused with the form brother-in-law needs to file since he is not related to me (NOT a spouse, adult child, parent, or sibling) but lives in same household. Option 1: File I864A since he lives in same household OR Option 2: File I864 since brother-in-law is not related to me as spouse, adult child, parent or sibling?

Thanks for all your help!!

[Adrian Gruber]

Affadavit of Support

I (petitioner) filed i130 for parents (beneficiaries). I will be filling out I-864 soon but have few questions as my income won't be sufficient.

1. My income is not enough, neither is my husband's. Our combined income won't be enough either! I understand I will have to file I864 regardless, but will my husband still need to file I-864A along with my I864? I will be submitting IRS transcripts, but it shows our combined income for past year (again, NOT sufficient). Do I need to show them my individual income, even though it won't matter since I will have a co-sponsor (see question 2 below) AND not file spouse's I864A?

2. My brother-in-law (husband's brother) will be the co sponsor or joint sponsor. What form my brother-in-law would file if he lives in same household as us? His income is more than sufficient to sponsor each of my parents however we are confused with the form brother-in-law needs to file since he is not related to me (NOT a spouse, adult child, parent, or sibling) but lives in same household. Option 1: File I864A since he lives in same household OR Option 2: File I864 since brother-in-law is not related to me as spouse, adult child, parent or sibling?

Thanks for all your help!!

Hecter 1 question please. Did you already send the I-130 Petition to USCIS?
Concerning your question on household members including your brother in law, if your parents are not yet living with you the household members will be a total of 3.
You counts as 1
Your spouse counts as 1
Your B in Law counts as 1
So you will have a total of 3 in Part V Sponsor's Household Size on the I-864

As far as your first question I would show combined income as it sounds like you file your 1040's as a couple.

[hecter]

Hecter 1 question please. Did you already send the I-130 Petition to USCIS?
Concerning your question on household members including your brother in law, if your parents are not yet living with you the household members will be a total of 3.
You counts as 1
Your spouse counts as 1
Your B in Law counts as 1
So you will have a total of 3 in Part V Sponsor's Household Size on the I-864

As far as your first question I would show combined income as it sounds like you file your 1040's as a couple.

Thanks for answering about household size.

I have submitted I-130 to USCIS already. I am preparing for next step which is I-864 when it goes through NVC. I am preparing documents and deciding which forms to include i.e. I864 vs I864A.

I am still not sure what form my brother in law will file as he is a joint sponsor living in our household, however not related to me by any of the relationships mentioned in I864A form (NOT a spouse, adult child, parent, or sibling). Let me know if you know answer to that! Thanks again.

[Adrian Gruber]

Rfe

Thanks for answering about household size.

I have submitted I-130 to USCIS already. I am preparing for next step which is I-864 when it goes through NVC. I am preparing documents and deciding which forms to include i.e. I864 vs I864A.

I am still not sure what form my brother in law will file as he is a joint sponsor living in our household, however not related to me by any of the relationships mentioned in I864A form (NOT a spouse, adult child, parent, or sibling). Let me know if you know answer to that! Thanks again.

Good morning Hecter, you will probably receive a RFE AKA "Request FOR Evidence". As you were required to have all documentation with the I-130 including your Afadavit of Support.
Although I have read here in the forums some send them off at a later time.
Your B IN L needs to fill out an Afadavit of Support.

[hecter]

Good morning Hecter, you will probably receive a RFE AKA "Request FOR Evidence". As you were required to have all documentation with the I-130 including your Afadavit of Support.
Although I have read here in the forums some send them off at a later time.
Your B IN L needs to fill out an Afadavit of Support.

Adrian,

It is my understanding that i130 goes to USCIS. Once approved, its forwarded to NVC. NVC assigns case numbers to both of my parents files. I pay IV and AOS fees, then I submit AOS forms to NVC.

Let me know if I am incorrect!

Thanks

[Adrian Gruber]

Not Familiar with NVC

Adrian,

It is my understanding that i130 goes to USCIS. Once approved, its forwarded to NVC. NVC assigns case numbers to both of my parents files. I pay IV and AOS fees, then I submit AOS forms to NVC.

Let me know if I am incorrect!

Thanks

Good morning Hecter, if all goes well with the Petition for Alien Relative it usually takes 5 months.
Your second comment I must plead ignorance as I don't have any experience dealing with NVC.