Immigration Site

Hello,

My mother-in-law, who lives in the household, is sponsoring her son. I filed an I-864A as son-in-law. That was over a year ago; finally we were notified that, in order to make a decision, I need to provide proof of my relationship to my mother-in-law, and that we live in the same household. I was told to resubmit the I-864A.

In reviewing things, I see that a "household member" is: "A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling". Im wondering if I made a mistake - I am not a dependent of my mother-in-law; my main question is, is my son-in-law status valid for submitting an I-864A?

My wife and I decided, because I made more money, it would be easier to submit one I-864A from me. Im not sure now if this was a terribly bright idea. If anyone could help me, I would certainly appreciate it.

You are a "person who has the same home address" to your spouse (and your mother-in-law?), you are a brother-in-law to your wifes brother (the intending/sponsored immigrant), you are a son-in-law to your wifes mother who is the primary sponsor (and a member of the same household as you?). One way or another you qualify to count your income in the mix. It is a trick to figure out if you should be a "joint sponsor" OR a "co-sponsor" to your wife or a "co-sponsor" to your mother-in-law (as a household member). You should seek a professional opinion because your financial obligation varies depending on how you agree to contribute.

8 CFR PART 213a—AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS

§ 213a.1 Definitions.

As used in this part, the term:

Household size means the number obtained by adding the number of persons specified in this definition. In calculating household size, no individual shall be counted more than once. If the intending immigrants spouse or child is a citizen or already holds the status of an alien lawfully admitted for permanent residence, then the sponsor should not include that spouse or child in determining the total household size, unless the intending immigrants spouse or child is a dependent of the sponsor.

(1) In all cases, the household size includes the sponsor, the sponsors spouse and all of the sponsors children, as defined in section 101(b)(1) of the Act (other than a stepchild who meets the requirements of section 101(b)(1)(B) of the Act, if the stepchild does not reside with the sponsor, is not claimed by the sponsor as a dependent for tax purposes, and is not seeking to immigrate based on the stepparent/stepchild relationship), unless these children have reached the age of majority under the law of the place of domicile and the sponsor did not claim them as dependents on the sponsors Federal income tax return for the most recent tax year. The following persons must also be included in calculating the sponsors household size: Any other persons (whether related to the sponsor or not) whom the sponsor has claimed as dependents on the sponsors Federal income tax return for the most recent tax year, even if such persons do not have the same principal residence as the sponsor, plus the number of aliens the sponsor has sponsored under any other Forms I–864 for whom the sponsors support obligation has not terminated, plus the number of aliens to be sponsored under the current Form I–864, even if such aliens do not or will not have the same principal residence as the sponsor. If a child, as defined in section 101(b)(1) of the Act, or spouse of the principal intending immigrant is an alien who does not currently reside in the United States and who either is not seeking to immigrate at the same time as, or will not seek to immigrate within six months of the principal intending immigrants immigration, the sponsor may exclude that child or spouse in calculating the sponsors household size.

(2) If the sponsor chooses to do so, the sponsor may add to the number of persons specified in the first part of this definition the number of relatives (as defined in this section) of the sponsor who have the same principal residence as the sponsor and whose income will be relied on to meet the requirements of section 213A of the Act and this part.

Substitute sponsor means an individual who meets the requirements of section 213A(f)(1)(A), (B), (C), and (E) of the Act and 8 CFR 213a.2(c)(1)(i), who is related to the principal intending immigrant in one of the ways described in section 213A(f)(5)(B) of the Act, and who is willing to sign a Form I–864 in place of the now-deceased person who filed the Form I–130 or Form I–129F that provides the basis for the intending immigrants ability to seek permanent residence.

INA 213A REQUIREMENTS FOR SPONSORS AFFIDAVIT OF SUPPORT

(f) Sponsor Defined.-

(5) NON-PETITIONING CASES- Such term also includes an individual who does not meet the requirement of paragraph (1)(D) but who--

(B) is a spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, or grandchild of a sponsored alien or a legal guardian of a sponsored alien, meets the requirements of paragraph (1) (other than subparagraph (D)), and executes an affidavit of support with respect to such alien in a case in which--

Thank you! I was sort of sweating that point.

Yes, my mother-in-law lives here, too. Ive calculated the burden considering the number in the household, and my income clears it easily. For some reason, it took over a year for the visa center to respond back (and they only did so after I called a few times). I didnt want to risk another delay, and the case is at a point where I fear switching to co-sponsor with the I-864 would only complicate things.

Thanks again, I appreciate your advice!

Thank you! I was sort of sweating that point.

Yes, my mother-in-law lives here, too. Ive calculated the burden considering the number in the household, and my income clears it easily. For some reason, it took over a year for the visa center to respond back (and they only did so after I called a few times). I didnt want to risk another delay, and the case is at a point where I fear switching to co-sponsor with the I-864 would only complicate things.

Thanks again, I appreciate your advice! A joint sponsor files an I-864. A co-sponsor files an I-864A. The question remains if you will support MILs I-864 or wifes I-864. If you joined your MILs I-864 and she loses her income or dies then you are still financially responsible. If you joined any "joint sponsors" I-864 then if that person dies, so would your fiancial obligation. The financial obligation due to the joint sponsors unemployment would remain your responsibility. Financial obligation otherwise remains for the life of the sponsored immigrants LPR status. If that person does not naturalize or work long enough and does abandon LPR status or get deprted, you could be their retirement system. I hope you brother in law is not a bum!