I-864 vs. I-864A - Household members

[alec_bauserman]

When filing an I-864 Affidavit of Support and the petitioner is unable to meet the poverty guidelines it seems they have two options: 1) find a joint sponsor(s) who will also file an I-864 or 2) get a household member to file an I-864A.

"A 'household member' is any person ( a ) sharing a residence with the sponsor for at least the last 6 months who is related to the sponsor by birth, marriage, or adoption, or ( b ) 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..."

If one files an I-130 via Direct Consular Filing that means they are currently living in the foreign country. Does that mean they are ineligible to have family co-sign as household members? If the USC "shared a residence for at least the last 6 months" prior to living in the foreign country, would they still be eligible? Do future plans for living arrangements have any bearing i.e. the USC and petitioning alien will live with household members upon return to the United States?

[USCONGUZ]

When filing an I-864 Affidavit of Support and the petitioner is unable to meet the poverty guidelines it seems they have two options: 1) find a joint sponsor(s) who will also file an I-864 or 2) get a household member to file an I-864A.

 

"A 'household member' is any person ( a ) sharing a residence with the sponsor for at least the last 6 months who is related to the sponsor by birth, marriage, or adoption, or ( b ) 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..."

 

If one files an I-130 via Direct Consular Filing that means they are currently living in the foreign country. Does that mean they are ineligible to have family co-sign as household members? If the USC "shared a residence for at least the last 6 months" prior to living in the foreign country, would they still be eligible? Do future plans for living arrangements have any bearing i.e. the USC and petitioning alien will live with household members upon return to the United States?

184486[/snapback]

Dear CFL Members,

 

If the household member is not currently living with the petitioner, then it is best to have them fill out a separate I-864.

 

I'm assuming you used to live with a family member before coming to China and plan to live with this family member after returning to the U.S. It does not take much more time to fill out the separate I-864 and this resolves any issues.

 

Regards,

 

Immigrant Visa Unit, U.S. Consulate, Guangzhou, China