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This is regarding sponsor for Parents (IR-5).

I will submit I-864 (Affidavit of Support).

We file taxes as Married Filing Joint. My spouse is dependent on me and does not work.

Do I need to submit I-864A as well because we filed taxes together and Spouse only income is from bank account interest ? Is I-864A from Spouse required because we filed taxes as Married filing Joint ?

My income is above the federal poverty level.

Please guide.

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Filed: K-1 Visa Country: New Zealand
Timeline

I'm sure someone will correct me if I am wrong, but the I-864 is meant to be required only for the individuls who will carry the burden of supporting the intending immigrants. As long as the sponsor makes enough to support themselves, spouse, children if any or other dependents as well as the immigrating parents (and still be above the poverty level) you should just need one I-864 for that sponsor.

However, if you need your income as well as your spouses to meet that poverty line, then you need one I-864 for both.

Small Edit:

I just noticed you said I-864A.

The above should still apply, the difference would be that if your spouse is the main sponsor, you can use I-864A to use your income as well, however, if you are the only sponsor, then you should just need the I-864 for yourself.

Edited by GabsUSA
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Filed: Country: Philippines
Timeline

I just submitted my aos and supporting documents to NVC. I'm the petitioner and im not working, I filled up the form I-864 for me and also the I-864a for my husband, we file jointly on tax and stuff.

Petition for parents I-130
11/27/2014- I-130 package sent
12/01/2014- NOA1 received
01/28 /2014- NOA2 petition approved
02/26/2015- called NVC and got the case number and Invoice number paid 120$ aos fee
02/27/2015- aos fee shows paid
3/06/2015- aos and supporting docs sent..
3/12/2015- USPS tracking shows delivered(delayed) supposed to be delivered 3/9
3/12/2015- NVC received packet-SCANNED

3/23/2015- sent new forms of corrected aos,,

3/24/2015- SCANNED

3/24/2015- IV invoiced and in process

3/26/2015- IV shows PAID

3/27/2015- DS 260 sent

4/16/2015- case complete

4/23/2015- received email of complete case.

4/27/2015- interview sched received

5/21/2015- medical passed

06/04/2015- interview date passed

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If the Petitioner's income is somewhat above federal poverty level then does the spouse of Petitioner required to fill-up I-864A (if the Petitioner and petitioner's spouse are filing taxes as Marring filing joint ) ? Spouse is not working and Spouse's only income is bank interest.

This is for sponsoring Parents.

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Filed: K-1 Visa Country: New Zealand
Timeline

If the Petitioner's income is somewhat above federal poverty level then does the spouse of Petitioner required to fill-up I-864A (if the Petitioner and petitioner's spouse are filing taxes as Marring filing joint ) ? Spouse is not working and Spouse's only income is bank interest.

This is for sponsoring Parents.

From the instructions for I-864A:

Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements.

You are not required to use form I-864A, however, make sure that your income is above the povertyline for the size of your household, dependents and the parents you are sponsoring.

You can make sure that you are above your household's poverty line here: http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

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