AOS ?: Form 864 blues

[ahhming888]

The i864a is new from when i had to file for k1. I read the uscis site and searched cfl on this. Im still confused on who or if i need to fill out i864a.

 

I had my parents as sponsors when i filed for k1, and me and SO plan to live with parents until we can get some money saved up.

 

So from what ive read; does my parents and SO fill out the i864a or do i need it at all? Or should i just have my parents fill out a regular 864?

 

Also does it matter if you file for AOS late like after the 90 day period? Even though we have gotten married within the 90days.

 

thanks...

[frank1538]

Here' my read on the requirements. First, you must file an I-864 since you were the one who petitioned for the visa. In doing this, you have to know the "household size" to determine the 125% requirement and here is where it gets confusing.

 

There is a difference of opinion on whether parents with whom you live are included as household members. See http://candleforlove.com/forums/index.php?...c=11616&hl=864a for some discussion of this issue. Also, here's another link dealing with the I-864 and I-864A: http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

If you can reach a conclusion on whether your parents are household members, there rest goes fairly smoothly. If they are household members, they would file the I-864A to help meet the income/asset requirements. If they are not household members, they would file an I-864 as a joint sponsor.

 

On your 90 day question, there is no specific requirement that you file AOS within 90 days. Technically, if you don't file within 90 days, your wife is out of status until the I-485 is filed. I have never heard of a problem when someone files after the 90 days, but I would encourage you to file it as soon as possible.

[ahhming888]

Here' my read on the requirements.  First, you must file an I-864 since you were the one who petitioned for the visa.  In doing this, you have to know the "household size" to determine the 125% requirement and here is where it gets confusing.

 

There is a difference of opinion on whether parents with whom you live are included as household members.  See http://candleforlove.com/forums/index.php?...c=11616&hl=864a for some discussion of this issue.  Also, here's another link dealing with the I-864 and I-864A:  http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

If you can reach a conclusion on whether your parents are household members, there rest goes fairly smoothly.  If they are household members, they would file the I-864A to help meet the income/asset requirements.  If they are not household members, they would file an I-864 as a joint sponsor.

 

On your 90 day question, there is no specific requirement that you file AOS within 90 days.  Technically, if you don't file within 90 days, your wife is out of status until the I-485 is filed.  I have never heard of a problem when someone files after the 90 days, but I would encourage you to file it as soon as possible.

141797[/snapback]

So? Still little confused after reading those links. Im getting at i have one of parents fill out 864a since they will be cosponsoring. I just got out of college and still living at home so my income might be low to qualify.

 

Or should i have my parents fill out both 864a and 864 to be safe?

[warpedbored]

Here' my read on the requirements.  First, you must file an I-864 since you were the one who petitioned for the visa.  In doing this, you have to know the "household size" to determine the 125% requirement and here is where it gets confusing.

 

There is a difference of opinion on whether parents with whom you live are included as household members.  See http://candleforlove.com/forums/index.php?...c=11616&hl=864a for some discussion of this issue.  Also, here's another link dealing with the I-864 and I-864A:  http://uscis.gov/graphics/publicaffairs/fa...eets/affaqa.htm

 

If you can reach a conclusion on whether your parents are household members, there rest goes fairly smoothly.  If they are household members, they would file the I-864A to help meet the income/asset requirements.  If they are not household members, they would file an I-864 as a joint sponsor.

 

On your 90 day question, there is no specific requirement that you file AOS within 90 days.  Technically, if you don't file within 90 days, your wife is out of status until the I-485 is filed.  I have never heard of a problem when someone files after the 90 days, but I would encourage you to file it as soon as possible.

141797[/snapback]

So? Still little confused after reading those links. Im getting at i have one of parents fill out 864a since they will be cosponsoring. I just got out of college and still living at home so my income might be low to qualify.

 

Or should i have my parents fill out both 864a and 864 to be safe?

141995[/snapback]

Dan as long as you meet the minimum federal poverty guidlines I wouldn't sweat it. That is only about 15 k a year. If you made enough I wouldnt add the folks since it will only make it more complicated. At this point with you being married they are more concerned with you having a legit relationship.

Edited July 31, 2005 by warpedbored (see edit history)

[tonado]

http://uscis.gov/graphics/formsfee/forms/files/I-864p.pdf

 

$16,037

[ahhming888]

ok so i'll just fill out the 864 and not have my parents fill out part a. I never said anything about it at ins when they gave the forms so i figured this part a was required.

 

thanks for the replys