Is I-864A required if 864 co-sponsor filed taxes jointly? Add to Watch List Options

[tagavor]

Sorry to add my 864 question -- there are sooo many 864 threads on here and I don't want to litter the site with more questions.
Here's my situation -- I really do not like the 864, because I really I think its rather rude that I have to ask a family member to co-sponsor my spouse.

We have plenty of income (foreign) and assets (foreign) but I am positive that we will still be asked to provide a co-sponsor. So my goal is to limit the amount of commitments by people.

My father will be a happy co-sponsor. He will complete an 864. However, his latest tax return was filed jointly. Does that mean that his wife HAS to file an 864A as a member of his family since their income I suppose was pooled together on their latest tax return?

Like I said, I would prefer to only use the single co-sponsor 864, but I think the additional 864a might also be req'd due to the joint taxes?

Cheers

[Lona.C.]

Sorry to add my 864 question -- there are sooo many 864 threads on here and I don't want to litter the site with more questions.
Here's my situation -- I really do not like the 864, because I really I think its rather rude that I have to ask a family member to co-sponsor my spouse.

We have plenty of income (foreign) and assets (foreign) but I am positive that we will still be asked to provide a co-sponsor. So my goal is to limit the amount of commitments by people.

My father will be a happy co-sponsor. He will complete an 864. However, his latest tax return was filed jointly. Does that mean that his wife HAS to file an 864A as a member of his family since their income I suppose was pooled together on their latest tax return?

Like I said, I would prefer to only use the single co-sponsor 864, but I think the additional 864a might also be req'd due to the joint taxes?

Cheers

no his wife doesnt have to file a 864 , if your dad has enough income to show that he could suport his wife and you plus your wife then only your dad has to file the 864 co sponsor , make sure you got all the info from your dad just lijke you need for your self like ( tax return and suporting documents that shows his income )

[trailmix]

Yes, he just needs his information to prove his income. So for instance, if he does get the IRS transcript, also have him give you any income slips as well - that is what will show his individual income.

That said, I have seen a couple of instances, one in Montreal, I don't remember where the other one was, where they insisted on an I-864A from the joint filer. According to their own instructions, this is not required - but apparently it's up for interpretation by the CO - even wrongly.

Hopefully you will get more UK filers here to give you their personal experiences.

[sachinky]

I have the same situation. My cousin makes enough to be my joint sponsor so I wasn't sure since there's a lot of conflicting information regarding this BUT just to be on the safe side I'm asking his wife to fill in a I864A since they are married and file taxes jointly. I assume if NVC doesn't require it, they can just shred it.

This post has been edited by sachinky: Nov 11 2009, 07:23 PM

[viol8torUK]

I have similar questions, and since this thread is fairly active at the moment I thought I would chip in......

We are filing DCF in London. My wife is the USC, but will have no job in the US to go back to. I am the intending immigrant, and will keep my job when moving, although my employment status will be changing..... I am currently salaried full-time in the UK, but when we move to the US, I will be forming an LLC and then billing my current employer - so currently I'm not sure if that will do for our I-864 (my salary will more than cover the poverty requirements, and my pay will still be 'from the same source'). Would forming an LLC and billing my current employer cause problems as far as the I-864 is concerned?

As a result of not being sure if this will be accepted for the I-864 requirement, we will be asking my wifes parents to sponsor us as well...... my wifes father is in full-time employment, and files jointly with his wife, who does not work..... how do we go about filling in the forms for this? does my mother in law have to fill in an 864-A? or can she just be included on th 864 with an income of $0?

Thanks

Tony

This post has been edited by viol8torUK: Nov 12 2009, 05:10 AM

[Mand]

We had our IR1 interview a week ago and we brought our joint sponsor's 1-864 with us incase my husband's US job offer letter wasn't sufficient financial proof. Because our joint sponsor filed taxes with his wife, we also brought an 1-864a with us that she filled out. The lady looking through our documents didn't see the I-864a and said that we needed our joint sponsors W2's or the I-864a.

I think it's better to be over prepared for whatever they might look for, rather than risk delaying getting the visa.

viol8tor, my husband's Irish job is also continuing here, but he also went from a full time employee to a consultant role with a set retainer fee. We didn't include that financial info in our own Affidavit of Support as he hadn't the details of it finalised, but if we had we would most certainly have brought it with it - and the joint sponsor info too, then just let the CO decide.

[sachinky]

Mand, so in case of a joint sponsor who files taxes jointly it's best either to have a I864A signed by the spouse OR the joint sponsor's W2's indicating his individual income. That's what I got from your post.

[viol8torUK]

I just want to confirm things here - my parents-in-law are about to send over their I-864's and I really don't want to have to get them to send them again!

My father-in-law (my sponsor), has filled in the I-864. He files his taxes jointly with his wife. His salary more than covers the poverty guidelines for 3 people (himself, his wife, and myself), so no assets are required.

His wife is filling in the I-864A currently, but as she doesn't work, and hasn't done for some while, we're not sure what she should put.... obviously she ticks unemployed and fills in the 'since' box with the last date she worked (several years ago). I'm assuming she puts her current individual income as $0? For the tax returns part (Question 11), does she put $0 in those boxes as well as she personally has earned $0, or does she put the total earnings shown on her joint tax returns (which are 100% her husbands earnings)?

Also, what accompanying documentation is required?

They are sending photocopies of:

last 3 years joint tax returns
last 6 months pay stubs
birth certificates (1 each)
info page from passports (1 each)

should that be enough??

Thanks again.... we're getting there slowly!

Tony

[sachinky]

W2s if not using IRS tax transcripts. Possibly an employment letter.

[Mand]

Mand, so in case of a joint sponsor who files taxes jointly it's best either to have a I864A signed by the spouse OR the joint sponsor's W2's indicating his individual income. That's what I got from your post.

Yep, that's exactly what the lady in the US Embassy told me, Sorry for the late reply!

viol8tr, for her earnings our joint sponsor's wife put $0 and she put the full total of her husband's earnings since they filed jointly. From them, we brought with us (all just stapled together) - the form for each of them, a copy of their passport bio page and a copy of their tax return. We didn't include any pay stubs at all and weren't asked for any. The tax return in itself is proof of income, but I supopse if you have pay stubs there's no harm bringing them with you!

[tagavor]

Hi, everyone!

I stopped getting the email updates for when there were replies on this thread, and I'm just now seeing how many of you replied.

A belated thank you to everyone its now clear!