Can sister sign AOS instead of mom (sponsor)?

A

AmericaForMe

Member
Hi, my mom sponsored me for a Green card and now I need to file the Immigrant Visa Application and Affidavit of Support.
However, my mom only works part time and I'm told it's not enough. So is it OK to get my sister to file/sign the AOS instead? If so, do I still need my mom's AOS too or is it unnecessary?
I'm over 21.
Thanks
 
The petitioner (your mom) must always be a sponsor and file I-864 regardless of whether her income is enough. Your sister can either:
  1. Act as a household member of the sponsor (your mom). Your sister can only count as a household member if she lives in the same house as your mom or is a dependent on your mom's tax returns. If she qualifies to be a household member, then she can file I-864A and have her income combined with your mom's to form your mom's household income.
  2. Act as a joint sponsor. Your sister would file I-864. Her income would not be combined with your mom's.
 
newacct said:
The petitioner (your mom) must always be a sponsor and file I-864 regardless of whether her income is enough. Your sister can either:
  1. Act as a household member of the sponsor (your mom). Your sister can only count as a household member if she lives in the same house as your mom or is a dependent on your mom's tax returns. If she qualifies to be a household member, then she can file I-864A and have her income combined with your mom's to form your mom's household income.
  2. Act as a joint sponsor. Your sister would file I-864. Her income would not be combined with your mom's.
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Thank you. My sister is joint sponsor for AOS and is also a USA citizen who resides in USA. Does my sister have to sign AOS in front of lawyer? She is very busy, but lawyer told her to come to the law office. Can't she just sign AOS and FedEx it to lawyer instead?
 
I think that as long as your sister signs the form, attach copies of the tax return transcript (or all the tax return forms) for the last year, attach copies of pay stubs and/or employment letter, attaches evidence of U.S. citizenship, then that's all you need. Most people don't even use a lawyer.
 
newacct said:
I think that as long as your sister signs the form, attach copies of the tax return transcript (or all the tax return forms) for the last year, attach copies of pay stubs and/or employment letter, attaches evidence of U.S. citizenship, then that's all you need. Most people don't even use a lawyer.
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Thanks. But does my sister only need tax return transcripts for the last year and not for the past 3 years?
And just to confirm, she does not need to be present physically? My lawyer wants money for this service.
 
Thank you. When my sister completes the AOS on my behalf can she mail it with the supporting documents directly to NVC or does she have to mail it to me? IF she can send it in directly where (address) should she send it?
Thanks
 
Your mother will sign an I-864 (even though her income isn't enough); it would be best to combine your sister's I-864 with your mother's I-864 in the same envelope.
 
Jackolantern said:
Your mother will sign an I-864 (even though her income isn't enough); it would be best to combine your sister's I-864 with your mother's I-864 in the same envelope.
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Thanks, but is it necessary for my mother's ) 864 and my sister's I 864 to be combined in the same envelope? I ask, because my mom and sister live very far apart and the deadline is on December 31st.
 
Your mom can send her I-864 to your sister electronically, or fax it to your sister, or by mail, enough time!
 
Lucy Furrer said:
Your mom can send her I-864 to your sister electronically, or fax it to your sister, or by mail, enough time!
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Thank you. But this would mean that the rest of my Green card application such as the DS 260 Form and supporting documents would be sent separately from both my mom's and sister's I 864 forms. Is this ok?
 
Hi, is it ok to send my Green card application such as the DS 260 Form and supporting documents separately from both my mom's and sister's I 864 forms? I intend to send both my mom's and sister's I 864 form together, but this would mean they would be sent separately from the others such as D 260 and supporting docs.
 
AmericaForMe said:
Thanks, but is it necessary for my mother's ) 864 and my sister's I 864 to be combined in the same envelope? I ask, because my mom and sister live very far apart and the deadline is on December 31st.
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Fedex or DHL can get it to you or your mother or whoever is handling your documents in 2 days. Your sister should not send a fax copy or electronic scan; they will want an original signed I-864.

If not submitted together in the same envelope, make sure to include enough other documntation to link to your case such as a copy of the I-130 approval notice. And with each one, include a letter saying that another I-864 was submitted.
 
Jackolantern said:
Fedex or DHL can get it to you or your mother or whoever is handling your documents in 2 days. Your sister should not send a fax copy or electronic scan; they will want an original signed I-864.

If not submitted together in the same envelope, make sure to include enough other documntation to link to your case such as a copy of the I-130 approval notice. And with each one, include a letter saying that another I-864 was submitted.
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Thank you. I will ask my sister to fill out the I 864 form online and then send mail it to NVC. Do you know the address to which my sister should mail the I 864? I cannot find the address anywhere.
 
The communication the NVC sent to your mother should say where to send it.

I'm still recommending putting the 2 I-864s together. It will delay the case if submitted separately. Apparently the real issue is that your sister doesn't want you or your mother to see her financial details? The time it would take to deliver the documents to you or your mother to package them together isn't a good reason to submit them separately, because they can be delivered by various services within 1 or 2 days.
 
Jackolantern said:
The communication the NVC sent to your mother should say where to send it.

I'm still recommending putting the 2 I-864s together. It will delay the case if submitted separately. Apparently the real issue is that your sister doesn't want you or your mother to see her financial details? The time it would take to deliver the documents to you or your mother to package them together isn't a good reason to submit them separately, because they can be delivered by various services within 1 or 2 days.
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Thank you for your reply. You are quite intelligent I might add. Yes, my sister doesn't want to disclose her income to me. ;)
By "communication the NVC sent" do you mean the I-130? I cannot find any address on the I 864 forms or the advisory related to it.
 
W2 and 6 months pay stubs will be OK.
It's better to attach a letter of employment containing the following:
Date of employment;
Nature of the job;
Yearly salary earned;
Number of hours per week worked;
Prospects for future employment and advancement.
 
Lucy Furrer said:
W2 and 6 months pay stubs will be OK.
It's better to attach a letter of employment containing the following:
Date of employment;
Nature of the job;
Yearly salary earned;
Number of hours per week worked;
Prospects for future employment and advancement.
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Thanks so much!
 
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