Asked in Immigration Law for Florida

Q: I’m currently applying for change of status. Does our joint sponsor have to live at different address

I’ve read that to combine income with a relative (i864a) they must be living at the same address but can’t find anywhere to say that if we use a relative as a joint sponsor (i864) they CAN live at same address. I just read that they don’t have to be living at the same address. Can we use i864 in this situation. We can only meet the income requirement if he supports me and we are assessed as a household of 2 (he is single, no children) If we combine income, we become a household of 5 and my wife isn’t working as we have very young premature twins.

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2 Lawyer Answers

A: There is no requirement that the joint sponsor live at a different address

Sathappan Muthu Krishnan agrees with this answer

James L. Arrasmith
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Answered

A: You can use a relative as a joint sponsor with the I-864 form, even if they do not live at the same address. The I-864 form allows a joint sponsor to help meet the income requirements, and there is no requirement that they live with you. This means your relative can support you as a joint sponsor, and their income can be counted separately.

On the other hand, the I-864A form is used to combine incomes within the same household, and that's why there is the rule that they must live at the same address. Since you're applying with a joint sponsor under the I-864, your household size calculation will follow the guidelines for that form.

In your case, as long as your joint sponsor qualifies independently and meets the necessary income threshold for a household of 2, you can avoid being considered a household of 5. This approach should help meet the financial requirement without combining incomes.

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