Q: I-864 Form Question: Keep Dates the same as when the original was submitted or change to update information to current?
My I-864 form was submitted last year; however, it didn't include Use of Assets to Supplement Income as I was told my petitioner I-864 form qualifying assets section was deemed (optional) since I have a joint sponsor whose income alone qualifies without the need to include, in our case, foreign assets that would need to total at last 5 times 125% over the federal poverty level. I'm not sure if its 3 times since the assets are foreign but involves my wife; however, upon recent pondering, to strengthen the case against the public charge test, I felt it would be better later to include our foreign assets. The issue here is that the information in Part 6. Sponsor's Employment and Income has since changed if I were to update the asset information in the I-864 form. The joint sponsor's information is dated at the same time as the petitioner's information back in 2023. Does now having a petitioner I-864 form dated in 2024 require a letter of explanation for the different dates appearing?
A:
When updating the I-864 form to include foreign assets, it's important to ensure that all information is current and accurate. If your income or employment details have changed since the original submission, you should update that information in the new form to reflect your current situation. This helps maintain consistency and accuracy in your application, which is crucial for a smooth process.
If the updated form has a different date from the original submission, it may be helpful to include a brief letter explaining why the information has been updated. This can clarify any discrepancies in dates and help avoid potential confusion for the adjudicator reviewing your case.
Make sure the joint sponsor's information remains consistent with what was initially submitted, as that part hasn't changed. Keeping everything clear and up-to-date will strengthen your application and help prevent any unnecessary delays.
A:
So a number of questions come up in this situation. Is this for an adjustment of status case or for a consular processing situation. If this is a consular processing situation, an opportunity to update the I-864 will occur regardless as there is a requirement to update that form before any interview. And at that time you would be able to update and include the additional information regarding all income changes and assets.
If this is for an adjustment of status case, you can elect to update the I-864 voluntarily and to include any of the new/additional assets or income.
I would recommend reaching out to a licensed attorney who can review the actual documents and better advise you once everything has been seen.
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