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Ulrica&Jesse

Confused about Joint sponsor and Affidavit of Support

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Filed: IR-1/CR-1 Visa Country: Georgia
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Guys, I really need help on this one! 

Situation: My parents in law are sponsoring me. My mother in law recently quit her job in February thus I'm having her fill out I-864a and My father in law was off work due to his heart surgery for 6 months in 2016 but is now currently employed, so he is filling out form I-864 for the joint sponsor. 

The problem is that in 2016 my father in law made less then the poverty guide for the household of 3. because he was off work for six month. I have the papers proving he had a serious reason and we have all his medical papers proving he really had a surgery etc. Now, both of them file their taxes jointly and their income on the forms is added up.

 

Questions:

 

1. Does my father in law still qualify as a joint sponsor?

2. Should I add up their income on the affidavit of support forms , or do I have to provide how much the earned on the own yearly for past three years? 

 

I'm confused... :wacko::unsure:

  • Got married - 9/26/2014
  • I-130 filed - 9/22/2016
  • NOA1(Went to Nebraska) - 9/27/2016 
  • Got transferred to Texas Service Center - 2/23/2017
  • NOA2 - 3/28/2017 
  • Got sent to NVC - 3/31/2017 
  • NVC received our case - 4/7/2017
  • Case number assigned - 4/6/2017
  • DS-261 Filled out - 4/10/2017
  • Welcome letter/invoice received - 4/11/2017
  • AOS fee payed - 4/12/2017
  • IV fee payed - 4/14/2017
  • Completed DS-260 Application - 4/20/2017
  • Sent documents to NVC - 5/15/2017
  • Scan Date - 5/19/2017
  • Case Complete at NVC - 7/19/2017
  • Interview date released - 8/1/2017
  • Interview date - 9/6/2017 - Approved!
  •  
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Filed: IR-1/CR-1 Visa Country: Georgia
Timeline
4 minutes ago, Jojo92122 said:

Your father's illness is not relevant.  

 

Your father's current annualized income is what's important.  (What is his expected income if he works the entire year.)

 

You can not combine your income with your parents' income.  It's only their income.

I don't think you understood the question. I'm talking about my parents in law that are trying to sponsor me. I'm asking if they can combine their income in order to meet the requirements, since my father in law alone, hasn't made enough last year. 

  • Got married - 9/26/2014
  • I-130 filed - 9/22/2016
  • NOA1(Went to Nebraska) - 9/27/2016 
  • Got transferred to Texas Service Center - 2/23/2017
  • NOA2 - 3/28/2017 
  • Got sent to NVC - 3/31/2017 
  • NVC received our case - 4/7/2017
  • Case number assigned - 4/6/2017
  • DS-261 Filled out - 4/10/2017
  • Welcome letter/invoice received - 4/11/2017
  • AOS fee payed - 4/12/2017
  • IV fee payed - 4/14/2017
  • Completed DS-260 Application - 4/20/2017
  • Sent documents to NVC - 5/15/2017
  • Scan Date - 5/19/2017
  • Case Complete at NVC - 7/19/2017
  • Interview date released - 8/1/2017
  • Interview date - 9/6/2017 - Approved!
  •  
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Filed: IR-1/CR-1 Visa Country: Georgia
Timeline
Just now, Jojo92122 said:

FIL's illness is still irrelevant.

 

FIL's current annualized income is what's is important.

 

Your FIL as the Joint Sponsor can combine income with his wife as the Household Member.  The I-864 filed by the petitioner can not be combined with the JS and his HM.

My mother in law is currently unemployed since February 2017. Can he still combine his income with hers? Their total for 2016 would be enough to sponsor me but I'm worried that it might not work since she left her job this February..:wacko:

  • Got married - 9/26/2014
  • I-130 filed - 9/22/2016
  • NOA1(Went to Nebraska) - 9/27/2016 
  • Got transferred to Texas Service Center - 2/23/2017
  • NOA2 - 3/28/2017 
  • Got sent to NVC - 3/31/2017 
  • NVC received our case - 4/7/2017
  • Case number assigned - 4/6/2017
  • DS-261 Filled out - 4/10/2017
  • Welcome letter/invoice received - 4/11/2017
  • AOS fee payed - 4/12/2017
  • IV fee payed - 4/14/2017
  • Completed DS-260 Application - 4/20/2017
  • Sent documents to NVC - 5/15/2017
  • Scan Date - 5/19/2017
  • Case Complete at NVC - 7/19/2017
  • Interview date released - 8/1/2017
  • Interview date - 9/6/2017 - Approved!
  •  
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1 hour ago, Ulrica&Jesse said:

My mother in law is currently unemployed since February 2017. Can he still combine his income with hers? Their total for 2016 would be enough to sponsor me but I'm worried that it might not work since she left her job this February..:wacko:

When it asks what their income was in 2016, the correct answer would be both of their incomes combined. If that meets the requirement, you should be good.

 

Now when it comes time for the interview, you may want to bring more "up to date" income information from the two of them. So if your MIL gets another job, something from that job that shows her expected annual income for 2017. Since your FIL is going back to work, something from him as well.

 

If I recall though on the form it just wants you to prove they had enough last tax year. This tax year will only be relevant later down the line, in my opinion. Even then I don't think they are REQUIRED to ask you for an update but if their combined income was close they might. (My wife brought my W-2's from 2016 to her interview, which we didn't have in September when we filled out the AOS. They never asked for them though because in 2015 I made well over enough to sponsor her. I'm guessing if I was very close in 2015 they would have asked for 2016).

Edited by bcking
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