Immigration Sponsorship Forms Clarified

Summary

The petitioner must complete Form I-864, even if unemployed. The joint sponsor (mother) also completes a separate I-864. Form I-864A is unnecessary as the mother is a joint sponsor, not a household member. Supporting documents like tax returns and proof of income are required. Consult an immigration attorney for personalized advice.

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My name is Demana, and I am reaching out to seek your expert guidance on a matter related to the immigration process for my spouse. I am currently in the process of bringing my spouse from Israel to the USA, and I have encountered a bit of confusion regarding the Affidavit of Support (AOS) forms. To provide a brief overview, I have completed the I130 petition, and it has been approved by USCIS. Subsequently, I received an email from the National Visa Center (NVC) for Step #*, where I have paid the necessary fees and am now required to complete the Affidavit of Support (AOS) and the IV Application section under my spouse's name. However, the specific challenge I am facing is determining which I864 form to fill out for the Affidavit of Support. Here are some key details about my situation: *. I have never been employed as I have been a full-time student. *. I am a dependent under my mom's tax returns. *. My mom is a U.S. citizens, and my mom has expressed her willingness to financially sponsor my spouse. Given these circumstances, I am unsure about which appropriate I864 form should be conducted for this case.
Based on the information provided, you should use Form I-*, Affidavit of Support, since you are the petitioner. Your mother, as a joint sponsor, should also fill out Form I-*. Here are the details:
- You, as the petitioner, must submit Form I-* regardless of your income.
- Your mother, as a joint sponsor, can submit a separate Form I-*.
Remember, this is general guidance and the specifics of your case may require a different approach. Consulting with an immigration attorney is recommended.
do i need to submit a I864A as well ?
In your case, Form I-864A is not necessary. It's typically used when a household member, not a joint sponsor, is combining income with the petitioner. Since your mother is a joint sponsor, she should fill out a separate I-* form. Always consult an immigration attorney for specific advice.
Is my mom a joint sponsor or a household member?
Based on the information provided, your mother would be considered a joint sponsor because she is willing to financially support your spouse's immigration. She is not a household member in this context. A household member would be someone combining income with you, the petitioner.
Okay so a I864A is not necessary?
Correct, based on the information provided, your mother, as a joint sponsor, should complete a separate I-* form. The I-864A is typically for household members combining income with the petitioner. Please consult an immigration attorney for specific advice.
ok so from my understanding even if i live with my mom and i am dependent under her taxes and i have never worked in my life she would still be considered a joint sponser
Yes, your understanding is correct. Even though you're dependent on your mom and live with her, she would still be considered a joint sponsor because she's willing to financially support your spouse's immigration. She should complete a separate I-* form.
okay so from my understanding shes not considered a household member for her to complete an i864A because i have always been unemployed. A I864A only applies in my situation only if i had some sort of income that did not meet the poverty guidelines
Yes, you've understood correctly. Your mother is considered a joint sponsor, not a household member in this context. Form I-864A is generally used when a household member is combining their income with the petitioner's to meet the necessary financial requirements.
but because i have had no sort of income since i have never been employed an I864A is not used
Correct. Given your situation, since you've never been employed and don't have income to combine, Form I-864A isn't used. Your mother should complete a separate I-* as a joint sponsor.
so how many documents
Based on your situation, you'll need two completed I-* forms: one filled out by you as the petitioner, and another by your mother as a joint sponsor. Always consult an immigration attorney for specific advice.
what us the i864A used for?
Form I-864A, Contract Between Sponsor and Household Member, is used in immigration cases where the petitioner's income doesn't meet the necessary financial requirements. A household member who has income can complete this form to combine their income with the petitioner's. In your case, it's not needed as your mother is a joint sponsor, not a household member.
does this mean for a unemployed or an employed petionor who makes less the required poverty guideline?
Yes, the Form I-864A is used when a petitioner doesn't meet financial requirements, whether due to unemployment or low income. It allows a household member with income to combine their earnings with the petitioner's to meet the requirement.
so a lawyer had stated "In your situation, it seems like your mom would be considered a joint sponsor rather than a household member. Since you have not been employed and are dependent on your mom's tax returns, she is the one with the financial means to sponsor your spouse. Therefore, you should likely use the I-* form for the main sponsor (your mom) and provide the necessary supporting documents to demonstrate her ability to financially support your spouse. This way, your mom would act as a joint sponsor alongside you in the immigration process."
I see. It sounds like you're on the right track. Do you have specific questions about the I-* form or the documentation required for your mother to act as a joint sponsor?
so do i still have to complete an i864?
Yes, as the primary petitioner, you still need to complete an I-* form, even if you have a joint sponsor. Your joint sponsor (your mother) will also need to complete a separate I-* form.
oh ok so i dont need a i864A. the only documents needed in my case is that i need to complete an I864 and my mom would need to complete one as well
Correct, based on the information you've provided, you'll both need to complete an I-* form. The I-864A form is only necessary when a household member is contributing income. As your mom is a joint sponsor, she'll complete an independent I-* form.
so which documents in total do i need
In your situation, you will need:
- Form I-* (completed by you)
- Form I-* (completed by your mother)
- Supporting documents like tax returns, proof of income, and proof of U.S. citizenship or residency for both of you.
for me on that document do i put im unemployed
Yes, on the I-* form, you should accurately reflect your current employment status. If you're unemployed, you should indicate that. Honesty is key in legal documentation.