Mother-in-law green card

C

crgoss

New Member
My wife of six years is in the final stages of the citizenship process (awaiting the date for the test/interview). My wife's sister, who is divorced and has been living in the US for the past 12 years, lives with us and recently became a citizen. We would like to sponsor my mother-in-law (my wife's and her sister's mother) to immigrate and come live with us.

My sister-in-law will be the sponsor for the I-130. She probably does not have enough income to meet the support requirements of the I-864. My wife and I would meet the support requirements of the I-864a. However, it does not appear that I myself am considered a "Household Member" so I suppose my wife will be the one filling out the I-864a. How does the I-864a work with respect to joint income and assets? I am the main breadwinner in our household although my wife does have some income and we do own our primary residence jointly. Any problems with my wife filling out I-864a and noting all our joint income and assets?

Perhaps we should just wait until my wife becomes a citizen and then she could be the sponsor and I could be the I-864a household member?

Thank you.
 
No, your wife, a joint sponsor, fills out an I-864. If her income is not enough to support the both of you plus her mother, then your income can be counted by filling out an I-864A.

If you wait until your wife becomes a citizen and sponsors her mother herself, then it would be the same. The only difference would be that her sister would not have to be a sponsor in that case.

Edit: I forgot that your sister lives with you. In that case, you were right, your wife could be considered a household member and file I-864A.
 
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There are a number of options:

1. Your wife's sister files I-864, your wife files I-864A. With this option, your wife and her sister can combine incomes, but your income cannot be included.
2. Your wife's sister files I-864, your wife files I-864, you file I-864A. In this case, you are a household member of your wife, and you and your wife's incomes will be combined, but not together with your wife's sister's income (income from multiple I-864 cannot be combined; only I-864 + I-864A).
3. Your wife's sister files I-864, and her assets and her mother's assets are used to make up the shortfall. Every $5 of acceptable assets makes up for $1 of income shortfall. So for example if her income is $2000 below the requirement, she and her mother combined would need 5 times $2000 = $10000 of assets.
 
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