I864 and I864A

[NumberSix]

So my wife and I are prepping up the Affidavit of Support for both her Parent. Now, my spouse (USC now) does not work (student) and have $0 income. I provide all the income in the household and we file joint federal Tax for the past 4 years.

 

The question is, can she put down my income as her income since we are married and file joint tax returns (I mean, she spends it like its her income!) ? I have a feeling I have to fill out a I-864 for sponsoring wifey and an additional I-864a for myself. Is filling out the I-864 and I-8654a the actual proper method in my scenario? Anyone had experience on this?

[dnoblett]

Wife still files an I-864 as primary sponsor they are her parents and SHE filed the I-130 petitions for them, she notes her income a ZERO.

 

You provide and I-864A as member of her household to add your income to the figure. OR you can also file an I-864 as a JOINT sponsor.

 

Note: I-864 comes up at the NVC stage if petitioning for IR-5 visas for parents, OR this is filed with the I-485 if parents are in the USA as visitors and decided to adjust status from visitor visa.

 

I believe you will need 2 I-864 and 2 (I-864A OR I-864) to sponsor, one pair for each immigrant.

Edited February 6, 2010 by dnoblett (see edit history)

[Stepbrow]

I was looking over the instructions for the I-485. There is no prohibition for adjustment of status from a B-2 visa as long as there was no overstay.

[NumberSix]

Wife still files an I-864 as primary sponsor they are her parents and SHE filed the I-130 petitions for them, she notes her income a ZERO.

 

You provide and I-864A as member of her household to add your income to the figure. OR you can also file an I-864 as a JOINT sponsor.

 

Note: I-864 comes up at the NVC stage if petitioning for IR-5 visas for parents, OR this is filed with the I-485 if parents are in the USA as visitors and decided to adjust status from visitor visa.

 

I believe you will need 2 I-864 and 2 (I-864A OR I-864) to sponsor, one pair for each immigrant.

 

 

That really reaffirms what I was thinking towards. Feel much more confident now, thanks alot!

[dnoblett]

I was looking over the instructions for the I-485. There is no prohibition for adjustment of status from a B-2 visa as long as there was no overstay.

Correct, however misuse of a visitors visa with intent to immigrate, INTENT is considered at varying levels.

 

A visitor who enters the USA and marries shortly after entry and adjusts as a spouse, has a higher rate of denial as Visa fraud, this is what a K-1 is for. Immigrant intent is strong

 

However parents visiting for some time and then decide to stay, is considered to be a low immigrant intent case, so tend to not have problems adjusting.

 

Lastly someone who is in the USA on a student visa, tend to have no problems with marriage and adjustment, because their intent was student, they met someone at school. No immigrant intent.