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.

Related Topics:
2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
Answered
  • Immigration Law Lawyer
  • Diamond Bar, CA

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

Sathappan Muthu Krishnan agrees with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Immigration Law Lawyer
  • Sacramento, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.