Help - I-864A requested during GC interview

[waitgame27]

Hello All,

My sister who is US citizen applied for GC for my parents who are in India. They just had the interview done and were asked to present I-864A (Contract between Sponsor and Household member) which they didn't have for the reasons mentioned below. They were told that everything in the application looks good and were asked to submit this form to local visa office along with passports. They don't have to appear at embassy again.

Background: My sister (born in India) became a US citizen after her husband (US Citizen) filled for her GC/Citizenship. 

Due to personal issues they have decided to file for Divorce which is very unfortunate. The uncontested divorce papers were signed earlier this year and is still pending in court.

The GC application for my parents was filled last year before the relationship broke and marital status in the application was listed as Married. Although technically still married (as divorce is pending), she did not change the Marital status in the application. They filled for joint taxes last year and she did not make much money last year.

My sister and her husband are no longer living together. She is currently residing with me and I am legally working in US on H1B. She now has a good paying job and is sole sponsor and sent form I-864 (Affidavit of Support) to my parents which they presented to the Visa officer. But they also requested I-864A to which my parents didn't know what to answer and said they don't have it. They didn't mention about the divorce in process to the visa officer as they were only answering what was asked.

Our question to the gurus out there is What should they submit to the local visa office?

Should they submit the I-864 (affidavit of support) again with a letter explaining the situation with a copy of divorce or something else.

Can I sign I-864A as she is living with me. I am a non-immigrant at this point. 

Thanks for your time and help.

Regards.

 

 

[waitgame27]

Any update? Thanks.

[pontevecchio]

If your sister is earning enough 864 A is not needed. A phone consult with say the firm of Murthy should clear it up. I assume you have read the USCIS instructions for both forms.

[waitgame27]

thanks for the reply. Yes, she is earning enough now (starting 2016) but does not have tax returns to back this up. Form 864 requires to list last three years of taxes and copy of latest return which were filled jointly.

[pontevecchio]

Actually only the last return is also fine. What happened to the joint return?