I-864 -- non-household co-sponsor?

[kooshball 0]

Hello, my British husband and I live in London and are planning to move to the US later this year.  I'm having trouble with the I-864; my father is planning to co-sponsor my husband, but obviously does not live in the same residence as us.  What does he need to file in order to be considered a co-sponsor?  Thanks!

[kooshball 0]

Ohhh, I see.  So is it just the I-864A that requires the second sponsor be at the same principal residence?  A non-household member submits another I-864?

[DaveSana 13]

Yes, a non-household member sponsor submits a full, separate I-864. 

The person needs to be domiciled in the US.

Dave

[kooshball 0]

Followup question: on the I-864, if it's me as petitioner and my dad is submitting one as well, does he list himself as "the only joint sponsor" or "the second of two joint sponsors"?  Thanks!

[Jojo92122 1,924]

Your dad is the only Joint Sponsor.  

 

You are the Petitioner / Sponsor.  You are not a Joint Sponsor.

[patriot10 11]

your dad will file the I-864 as the only joint sponsor.

you are the petitioner as well as the primary sponsor on your I-864, but you dont have income above 125% poverty line/us derived income and hence the need for the joint sponsor.

 

Joint sponsor could be anyone, living domiciled anywhere in the USA as long as they have the requisite income and tax transcripts to substantiate the same.

 

Along with the I-864 , he needs to send you his 1040 for the previous relevant year definitely (but if he send for previous 3 years that while not necessary, may come in use). In case he sends the 1040, then he needs to send every document he used to file the 1040 , which includes all w2s and 1099s.

OR

He can simply send you the tax transcripts for the relevant year. This is preferred and simplest.

 

NOTE: In case he files married filing jointly, and this i say from personal experience as it was brought up in my case by the interviewing officer, then even with the transcript, you will have to submit his w2s/1099s to demonstrate, that he-the sponsor signing does indeed have the necessary income individuallly and its not derived from his spouse and also a plain statement of the spouse saying the she is aware that her spouse is filing an i-864 using their common returns as proof and that she has no objection.

 

Seems complicated, but is actually quite logical and easy to put together.

Best of luck.

[kooshball 0]

5 hours ago, patriot10 said:

your dad will file the I-864 as the only joint sponsor.

you are the petitioner as well as the primary sponsor on your I-864, but you dont have income above 125% poverty line/us derived income and hence the need for the joint sponsor.

 

Joint sponsor could be anyone, living domiciled anywhere in the USA as long as they have the requisite income and tax transcripts to substantiate the same.

 

Along with the I-864 , he needs to send you his 1040 for the previous relevant year definitely (but if he send for previous 3 years that while not necessary, may come in use). In case he sends the 1040, then he needs to send every document he used to file the 1040 , which includes all w2s and 1099s.

OR

He can simply send you the tax transcripts for the relevant year. This is preferred and simplest.

 

NOTE: In case he files married filing jointly, and this i say from personal experience as it was brought up in my case by the interviewing officer, then even with the transcript, you will have to submit his w2s/1099s to demonstrate, that he-the sponsor signing does indeed have the necessary income individuallly and its not derived from his spouse and also a plain statement of the spouse saying the she is aware that her spouse is filing an i-864 using their common returns as proof and that she has no objection.

 

Seems complicated, but is actually quite logical and easy to put together.

Best of luck.

Thank you, that's super helpful, especially the married filed jointly bit.

[patriot10 11]

You are most welcome.

 

This married filing jointly thing becomes important esp. in the case its one's sister/brother or sisterinlaw/brother in law sponsoring you since the spouse may have no interest in sponsoring the other spouse's relative.

 

In the case of parents, like in your case, if the father is sponsoring, there is almost zero chance that mom would mind unless its some special/extraordinary family circumstance or where step parents might be involved.

In my case, it was my sister in law who sponsored me,so she had an interest and did it for her sister, ie my wife...but it was not necessary that her spouse would be interested and hence the need for individuals (her) w2s etc and her husbands declaration that he is aware and he has no problem with having their married filing jointly income being put on the affidavit.