I-864 question regarding joint sponsor

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jb90304

Registered Users (C)
The situation is this - An undocumented immigrant is getting married to a US citizen. However, spouse of the immigrant don't meet the 125% of poverty guideline (basically don't make enough money to financially support the immigrant according to I-864), so joint-sponsor is needed. I am aware that this joint-sponsor doesn't have to be someone of a relation such as US citizen's parents or relatives.

My question is:
1) After I-864A has been filed with the joint-sponsor, does that sponsor have to provide additional information later on to prove that they are actually the one to financially supporting the immigrant? Also,
2) Does the joint-sponsor have to live in the same household as the married couple?

I ask these because the immigrant needs someone to sponsor him; however that joint-sponsor won't actually be supporting him financially. In reality, his parent (also undocumented) will be able to support him to get by until he gets the EAD, but obviously they cannot sponsor him on paper because of their status.
 
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I ask the question #2 because although I believe someone has already answered that question for me in this forum, which said that they don't have to live in the same household, but I keep reading the form instruction and I can't find anywhere that specifies that.
 
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The co-sponsor filing the I-864A does not have to be a member of the household nor has to be related to you. He/she must be a US Citizen. He/She will have to submit financials to prove that he/she can take care of the beneficiary. The petitioner still needs to file the I-864 individually and I-864A along with the co-sponsor.
Make sure that the undocumented beneficiary entered the US legally or else marrying a US citizen will not help.
 
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citi786 said:
The co-sponsor filing the I-864A does not have to be a member of the household nor has to be related to you. He/she must be a US Citizen. He/She will have to submit financials to prove that he/she can take care of the beneficiary. The petitioner still needs to file the I-864 individually and I-864A along with the co-sponsor.
Make sure that the undocumented beneficiary entered the US legally or else marrying a US citizen will not help.
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thanks for the response, citi786.
do you happen to know anything about the question 1? or maybe anyone else out there?
 
The joint sponsor needs to be a "household member" as defined by the I-864A, and their income can be combined with the sponsor. Otherwise if they're not a household member, the joint sponsor would file another I-864 (and no I-864A) and the joint sponsor alone must have enough income to meet the 125% amount without combining incomes with the sponsor.
 
Thank you for all of the responses, but I seem to be getting a conflicting answer.

citi786 said that the joint-sponsor on I-864A doesn't have live in the same household but Jackolantern said that the joint-sponsor DOES need to be a household member on I-864A therefore, would need to file I-864 alone
 
For the I-864A, "Household member" doesn't have to mean physically living in the same residence. But if they don't live in the same place, other criteria still must be met. Read the I-864A instructions carefully.
 
Jackolantern said:
For the I-864A, "Household member" doesn't have to mean physically living in the same residence. But if they don't live in the same place, other criteria still must be met. Read the I-864A instructions carefully.
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Jackolantern, I'd hate to be sounding ignorant or something, but I have read the form instructions before and then over again. I think I am missing something here which is what gets me so confused right now.
I will be married to a US citizen but her income will not be sufficient to meet the requirement. We have a friend of ours to help her meet the requirement but that person is not in any relation to my spouse or anything. From what I read on I-864A, "household member" is someone related and resides together. Now, you said that if the person don't live together, he would just submit another I-864 separately? I just don't understand that part because I-865 says that certain requirements has to be met in order to submit I-865 on the immigrant's behalf. This is what the requirement read on the form (exact wording) :
The list below identifies who must becomesponsors by completing and signing a Form I-864.

"The U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600A for an orphan"
"The U.S. citizen or permanent resident alien who filed an employment-based immigrant visa petition (Form I-140) for a spouse, parent, son, daughter, or sibling who: (1) has asignificant ownership interest (five percent or more) in thebusiness which filed the employment-based immigrant visapetition; or (2) is related to the intending immigrant"
 
jb90304 said:
From what I read on I-864A, "household member" is someone related and resides together.
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This is from the I-864A instructions, page 1:

Who May Be Considered a "Household Member" for Purposes of This Form?

- A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

- A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;

- The intending immigrant, in certain circumstances. (See "How Can the Intending Immigrant Be Considered a Household Member"?)
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jb90304 said:
Now, you said that if the person don't live together, he would just submit another I-864 separately?
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Yes. See page 3 of the I-864 instructions regarding joint sponsors:

What Is a Joint Sponsor?

If the person who is seeking the immigration of one or more of his or her relatives cannot meet the income requirements, a "joint sponsor" who can meet the requirements may submit a Form I-864 to sponsor all or some of the family members. A joint sponsor can be any U.S. citizen, U.S. national, or lawful permanent resident who is at least 18 years old,domiciled in the United States, or its territories or possessions,and willing to be held jointly liable with the petitioner for the support of the intending immigrant. A joint sponsor does not have to be related to the petitioning sponsor or the intending immigrant.
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jb90304 said:
The list below identifies who must become sponsors by completing and signing a Form I-864.
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That is not about joint sponsors.
 
So what would be an appropriate label for someone who files I-864A since they are not a joint-sponsor?
Also, for the joint-sponsor who is not my related spouse, would they have to submit any other paperwork besides I-864?
---Jackolantern, I hope you are not offended or anything, I was not doubting your knowledge, I'm just trying to understand. I really appreciate your help.
 
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jb90304 said:
So what would be an appropriate label for someone who files I-864A since they are not a joint-sponsor?
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Household member (even though in certain cases they might not live with you).

Also, for the joint-sponsor who is not my related spouse, would they have to submit any other paperwork besides I-864?
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Tax returns or IRS transcripts, plus other documents to prove their income or assets -- W2, job letter, etc.
 
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