Who files I-864, myself or my wife? 9 Answers as of July 16, 2013

I am a US citizen and my wife a permanent resident. I petitioned for her 10 year old son. I don't have an income. She makes $81,000 a year. Who files the I-864? I have paid and the NVC is waiting as we speak?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You as the petitioner are the primary sponsor. So you have to complete the I-864. However, if your income is insufficient, your wife can file I-864A as the household member, along with you.
Answer Applies to: California
Replied: 7/16/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
You, as the petitioner, must file I-864. Since you have no income, you might look for a co-sponsor who would file a second affidavit of support. However, it would be easier if you use your wife's income on your I-864 through the "Contract with a household member" option. Then you will not need a co-sponsor.
Answer Applies to: New York
Replied: 6/21/2013
LAW OFFICES OF S. OUYA MAINA | SAMUEL OUYA MAINA
Since you filed the petition you will also file the I864. Your wife will file the I864A as the household member.
Answer Applies to: California
Replied: 6/22/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
You file the I864 and use your wife as an household and include her income.
Answer Applies to: California
Replied: 6/21/2013
Law Office of Eric Fisher | Eric Fisher
You should be able to use your wife's income, but you will need to sign the I-864 and have her sign an I-864A. If you do not file joint tax returns, that could be a problem.
Answer Applies to: Colorado
Replied: 6/21/2013
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You, as the petitioner, are required to submit an affidavit of support regardless of your employment status. However, since you currently have no income, your wife will need to submit form I-864A as a member of your household in order to meet the minimum income requirement.
    Answer Applies to: Texas
    Replied: 6/21/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You file the I-864 as you are the petitioner. Your wife's income can be used on the form assuming you filed a joint income tax return. Otherwise, she can be a co-sponsor.
    Answer Applies to: New York
    Replied: 6/21/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    You will file the I-864 and your wife can file the I-864A.
    Answer Applies to: Michigan
    Replied: 6/21/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    The petitioner files the affidavit of support. If the petitioner does not have sufficient income, a joint sponsor is required.
    Answer Applies to: New York
    Replied: 6/21/2013
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