Immigration attorney said household member(s) NEED to fill seperate I-864?

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Immigration attorney said household member(s) NEED to fill seperate I-864 if their income is used?

I thought I had my F1 wife's AOS forms completed and ready to file. I went to see an immigration attorney with everything that I got. Everything is good, but he said I need to have my mother complete a seperate I-864, because I included her income in my I-864 to satisfy the income requirement for a household of 3. I thought I only needed to have my mother complete an I-864A, not another I-864.

So, basically this is what he suggested I must have:

-My I-864 (with me and my mother's income figures combined)
-My mother's I-864 (with just her income figure, which by itself (without my income combined) is below the income requirement for a household of 3)
-My mother's I-864A

I think he's wrong, but just to be safe I have to ask you guys.

Thanks!
 
This is my understanding and interpretation of the I-864 package. You need to have one I-864 form filled for yourself and the other members of the household, who also fills out an I-864A, the tax returns, W-3s for all the sponsors. From what I understand, you need a separate I-864 form for the other person only when they are not a member of the household.
 
If your mom lives with you then you need to file I-864 including her income, and she needs to file I-864A.
If your mom does not live with you then you need to file I-864 for your income only, and she needs to file I-864 for hers. Note that she can't file I-864 if her income alone doesn't meet the requirements for sponsoring someone, that is 125% of the poverty guideline for a family of x (number of her household members + 1 for each sponsored person): http://www.uscis.gov/graphics/howdoi/affsupp.htm#joint
 
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ANAHIT-

I've a friend who is 45 yrs old and NEVER worked in her life. She was ever since supported by her boyfriends so far. Now she is recently married to an immigrant from Poland. Her husband has no job so far. My question is-how she could proceed in adjusting his status without ever working. Does she need co-sponsor for him? If so, does she still need to submit her tax returns even though she doesn't have any tax returns because she never filed anything due to no income?

Please tell me what she should be doing?


Thanks.
 
Christian_Lady said:
ANAHIT-

I've a friend who is 45 yrs old and NEVER worked in her life. She was ever since supported by her boyfriends so far. Now she is recently married to an immigrant from Poland. Her husband has no job so far. My question is-how she could proceed in adjusting his status without ever working. Does she need co-sponsor for him? If so, does she still need to submit her tax returns even though she doesn't have any tax returns because she never filed anything due to no income?

Please tell me what she should be doing?


Thanks.
Click to expand...
She should fill out I-864 mentioning that she has no income. She might need a letter from the IRS confirming that she never filed tax returns. And, yes, she definitely needs a co-sponsor (doesn't have to be related to an applicant), who would fill out another I-864 to show that he/she meets the requirements to sponsor someone.
 
In my case although my husband lives with me and my father I made my father fill out an I864 versus the I864A only because I noted on the forms that in order for the person to be considered a household member they must be related and be living with the sponsor for over 6 months. So even though my father and husband are related, my husband has only been living with my for a month and weeks so thats why I made my father fill out I 864. So maybe thats why your lawyer asked for your co sponsor to fill out I 864. For info sake my husband is my sponsor and my father co_sponsor.
 
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