I-864A - Question about sponsor and household member principal residence


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My son (21 yrs) is sponsoring my wife and she submits i-864A along with my son's i-864 to show her income as a Household member since my son hasn't made enough income yet. They are in the same principal address while lodging the application.

However, if my son happens to move when he takes a full-time job and the i-485 is still pending, will there be any impact ?

Is it enough to prove the same principal residence at the time of lodging the application? Or should they maintain the same principal residence until the case is approved?

i-864A defines "Household member" as

image.png.a12ac9c4f3b56ffe1137c8aa7f7da921.png

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Another option I am considering is I-864W:

My wife hasn't yet accumulated 40 credits to claim i-864W. However, if I combine my credits that I worked during our marriage, she will get more than 40 credits to claim the waiver.

I am on a temporary work visa and my question is "can I include my credits for the calculation while I am on a work visa?".

 

The Immigration and Nationality Act (INA) section 213A(a)(3)(B) states the below, however, it is not clear about the spouse's status.

image.png.d67cdaeecf7e74a0abfb5e6d76868526.png

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18 hours ago, Paba said:

Another option I am considering is I-864W:

My wife hasn't yet accumulated 40 credits to claim i-864W. However, if I combine my credits that I worked during our marriage, she will get more than 40 credits to claim the waiver.

I am on a temporary work visa and my question is "can I include my credits for the calculation while I am on a work visa?".

 

The Immigration and Nationality Act (INA) section 213A(a)(3)(B) states the below, however, it is not clear about the spouse's status.

image.png.d67cdaeecf7e74a0abfb5e6d76868526.png

Her credits includes credits earned by her spouse (you) during the period of marriage. Your status doesn't matter. If she reaches 40 credits, she should file I-864W, and I-864 is unnecessary.

 

20 hours ago, Paba said:

My son (21 yrs) is sponsoring my wife and she submits i-864A along with my son's i-864 to show her income as a Household member since my son hasn't made enough income yet. They are in the same principal address while lodging the application.

However, if my son happens to move when he takes a full-time job and the i-485 is still pending, will there be any impact ?

Is it enough to prove the same principal residence at the time of lodging the application? Or should they maintain the same principal residence until the case is approved?

i-864A defines "Household member" as

image.png.a12ac9c4f3b56ffe1137c8aa7f7da921.png

If the son is filing I-864 (which again is not necessary if your wife is filing I-864W), your wife's income can be included without your wife needing to fill out I-864A since she is the intending immigrant. Regarding the residence, if she lives in the same residence as the son at the time of filing, then he can fill out his I-864 based on that. There is the risk that they may ask about any changes in the interview, and if they ask, you guys will have to answer truthfully, and that may lead to needing a new I-864.

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