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Posted

This question will be a little long winded... The I-864 form is used establish a domocile in the US and to guarantee the financial viability of the beneficiary when they get into the states. In my case, I will fill jointly with my parents, since I don't have enough income and assets combined. By filing jointly, I shift the burden of financial proof to my parents. In this case, their income will be enought to meet the poverty guidelines, so they don't have to fill out section 7 to prove they have additional assets to support her.

For me, since I am essentially declaring I can not be financially responsible for her, I don't see any point in filling out section 7, even thought it says, "If your income, or the total income for you and your household.... exceeds the Federal Poverty Guidelines for your household size, YOU ARE NOT REQUIRED to complete this part." This statement implies that that I am required to fill out this section, even if I am filing with a joint sponser. This probably gives me my answer, but it raises the question of why? Do we need to prove that we cannot support our relative, in order to file jointly? I can't think of any incentive for someone to falsely underestimate finances for the purpose of filing jointly. This has turned in to a hypothetical.

Anyone have answers?

Thanks,

Freddie

Posted

Freddie,

You do need to fill this out because they want to know that you do indeed lack the assets necessary to require joint sponsorship. Also,

the burden of financial support has not shifted to your parents, but has, in layman's terms, put you both on the hook. Should the government come to recoup their losses for supporting her they will come to BOTH you AND your parents to seek recompense. Hence, why it is called "joint" sponsorship.

Good Luck!

Ben Hart

US Immigration Attorney

Managing Director

Integrity Legal

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