If I’m currently filling my adjustment of status form and came on a K1 visa and have since married my fiancé, can my mother-in-law co-sponsor me?

We are filling the I-864, Affidavit of Support. My concern is that my wife is a student and has recently become unemployed so has no income. The household is myself, my wife, our daughter and my MIL. Her income is above the poverty limit. Should my wife include her mother on her I864, part 5 question 7 which states the option of combining other household members incomes to my wifes and attatch the I864A, or should my mother in law fill out her own I864 as my co-sponsor?

Asked on July 11, 2014 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

She should complete the I-864 and/or I-864A on your behalf as member of the household if her income is sufficient.  Please note that her income has to be sufficient for a household of 4.  Your wife, as the petitioner, however, must also file the I-864 as the primary spouse.

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