A couple basic questions about having a co-sponsor

[c_and_a 0]

Hey all, I just found this forum the other day and plan on filling out my timeline soon. This is a great support group.

Some of you may have read the thread I wrote about how even though my income currently exceeds the 125% number, due to the fact that it didn't on my most recent tax return, I am going to have to find a co-sponsor.

I have just a couple basic questions about this. First off, is a co-sponsor the same thing as a joint sponsor? If not, what is the difference?

Second, I was a whooping $715 dollars under the 125% mark on my last tax returns. Now I live with my wife and her grandmother, who works but only makes around $18,000 dollars a year. However, since my income and her income combine to be a little more than $40,000 dollars on our last tax returns combined, that should be more than sufficient, correct? Or do I need to find a sponsor who makes more than the 125% marker on his or her own?

Any help would be much appreciated.

[YuAndDan 153]

People use the 2 terms interchangeably, typically use CO-Sponsor for I-134 used for K-Visa interviews, and Joint sponsor for I-864+I-864 used for immigrant CR-1/IR-1 visas or Adjustment of status.

If using a parent as a Joint-sponsor their income needs to be sufficient to provide complete sponsorship for the intending immigrant, thje Joint sponsor uses an I-864, and you also provides an I-864.

You can use a member of household (GRANDMOTHER) to add their income to your income, the household member provides an I-864A, and you as primary sponsor provides an I-864.

http://www.visajourney.com/timeline/profile.php?id=61060

Edited January 29, 2009 by YuAndDan

[Dakine 26]

Hey all, I just found this forum the other day and plan on filling out my timeline soon. This is a great support group.

Some of you may have read the thread I wrote about how even though my income currently exceeds the 125% number, due to the fact that it didn't on my most recent tax return, I am going to have to find a co-sponsor.

I have just a couple basic questions about this. First off, is a co-sponsor the same thing as a joint sponsor? If not, what is the difference?

Second, I was a whooping $715 dollars under the 125% mark on my last tax returns. Now I live with my wife and her grandmother, who works but only makes around $18,000 dollars a year. However, since my income and her income combine to be a little more than $40,000 dollars on our last tax returns combined, that should be more than sufficient, correct? Or do I need to find a sponsor who makes more than the 125% marker on his or her own?

Any help would be much appreciated.

If your 2008 return will meet income requirements file your taxes and use that.

[Mint518 0]

Second, I was a whooping $715 dollars under the 125% mark on my last tax returns. Now I live with my wife and her grandmother, who works but only makes around $18,000 dollars a year. However, since my income and her income combine to be a little more than $40,000 dollars on our last tax returns combined, that should be more than sufficient, correct? Or do I need to find a sponsor who makes more than the 125% marker on his or her own?

If I understand correctly, you are the USC (i.e., sponsor), and your spouse is the intending immigrant. And your question is whether you can use the income of your grandmother-in-law as household member to support your wife. Right? If that's the case, I doubt your can use/add her income to your household income for the following reasons.

According to the instruction to I-864A, for purpose of I-864A, "householde member" is one of the followings:

• A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;
• A relative or other person whom the sponsor has lawfully claimed as a dependent on the sponsor's most recent Federal income tax return even if that person does not live at the same residence as the sponsor;
• The intending immigrant, in certain circumstances.

Since your grandmother-in-law is not your "spouse, adult child, parent, or sibling", you cannot rely on the first prong. Also, you cannot rely on the second prong, because her income in 2008 is over $3,500, hense she is not your "qualifying relative" -- meaning you cannot claim her as your dependent in your tax return (you can confirm this in the instruction to Form 1040, page 18). And needless to say, your grandmother-in-law is not the intending immigrant.

So, I think it would be better to find a joint sponsor whose income exceeds poverty line, and who is willing to fill out I-864. Good luck.

Edited January 30, 2009 by Mint518

[c_and_a 0]

Thank you everyone for your help. It is much appreciated.

Now I have one more question. Please bear with me!

When I went to my wife's AOS interview, I brought my W-2's and 1099's from 2007 and my 1099 from 2008. I would have loved to bring my 2008 W-2 as well, but my (now former) place of employment has been notoriously lazy about sending them off on the last possible legal date both years that I worked there. I know, however, that I should be getting the W-2 soon as it was sent off today.

My income on my 2008 1099 (what the IO saw) was $15,880. My income on my 2008 W-2 is going to be around $8,244. So my total income for 2008 is going to be $24,124. Isn't that enough to sponsor someone in a family or 2 or 3? From my understanding of I-864P it is, but someone PLEASE correct me if I'm wrong.

Now, as previously mentioned, I live with my wife and her grandmother. As Mint pointed out, my wife's grandmother technically does not qualify as a "household member" due to the manner of her relation to my wife and I even though she does live with us. So when I am filling out the 864, should I not add her as a household member even though she is blatantly on our lease?

I am so confused.

[Mint518 0]

When I went to my wife's AOS interview, I brought my W-2's and 1099's from 2007 and my 1099 from 2008. I would have loved to bring my 2008 W-2 as well, but my (now former) place of employment has been notoriously lazy about sending them off on the last possible legal date both years that I worked there. I know, however, that I should be getting the W-2 soon as it was sent off today.

My income on my 2008 1099 (what the IO saw) was $15,880. My income on my 2008 W-2 is going to be around $8,244. So my total income for 2008 is going to be $24,124. Isn't that enough to sponsor someone in a family or 2 or 3? From my understanding of I-864P it is, but someone PLEASE correct me if I'm wrong.

Yes, your income for 2008 was enough to suppport family of 2 and even 3. Do you remember the exact word of IO? Did he/she specifically asked to find "joint sponsor" or just asked for (any) proof that shows sponsor's income exceeds poverty line? In case of latter, copy of your 2008 tax return w/ w-2 and 1099 seems sufficient. It was a bad luck that your employer did not give you W-2 early enough.

Now, as previously mentioned, I live with my wife and her grandmother. As Mint pointed out, my wife's grandmother technically does not qualify as a "household member" due to the manner of her relation to my wife and I even though she does live with us. So when I am filling out the 864, should I not add her as a household member even though she is blatantly on our lease?

I think you do not need to count your grandmother-in-law as a household member as far as literal reading of the instruction to I-864. In "How Do I Count Household Size?" section of the instruction, it is stated:

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated tosupport.

Assuming you do not have any children or have never sponsored other immigrants, I think your household size is 2.