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I-864 married filing jointly - does husband need to fill out 864A?

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Happy 4th of July!!

I'm a US Citizen sponsoring my dad. I filled out the I-864, and submitted the past 3 years Tax Return which shows income well above the poverty line. However, its a "married filing jointly" taxreturn of me and my husband. My husband is the one working and getting a W2 (i'm a "housewife"). Does my husband need to fill out an I-864A? Initially, i thought NOT, because my name is on the tax return as well. however, i'm having second thoughts.

My husband said he would rather not fill it out, if not necessary.

What do you think?

Thanks!

04/20/2004 Got married in the Philippines, and lived between here and there

10/15/2008 Husband arrives in USA on B1/B2 Tourist Visa

12/19/2008 Sent I-130 & I-485 AOS package via USPS Priority

12/21/2008 Package delivered

12/26/2008 NOA's dated for I-1485, I-130, I-131, I-765

03/30/2009 Obtained Green Card

01/24/2012 Mailed in N-400 for Naturalization

01/31/2012 Check for $680 was cashed

http://www.businessbeanstalk.com

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Filed: IR-5 Country: Philippines
Timeline

Yes. If you don't have a current income, your husband should fill out the I-864A. That's what I did on my current application :)

IV IR-5 Timeline for Parents

 

USCIS

08/02/2016 - sent I-130 application for my parents via USPS Priority Mail

08/05/2016 - Priority Date

08/08/2016 - NOA1s Notice date

08/09/2016 - NOA1s text message and email received

08/10/2016 - money orders: cashed

08/13/2016 - received NOA1s in the mail

08/24/2016 - touched

12/27/2016 - Cases Approved! (148 days or 4 months and 26 days total)

---

NVC

01/12/2017 - NVC Welcome Letters Received (Case Number + Invoice Number)

01/13/2017 - Completed DS-261

01/25/2017 - Received IV Fee

01/26/2017 - Paid AOS fee

01/30/2017 - Paid IV Fees

02/03/2017 - Completed IV and AR Application

02/23/2017 - sent NVC packets via USPS Priority Mail (note: I have to wait for my mom's police certificate, so there was a bit of a delay before I can send the package)

02/27/2017 - packets received at 11:30 am signed by N Visa Center

03/01/2017 - Scan Date

05/06/2017 - Case Completed

05/12/2017 - NVC scheduled the interview!

06/02/2017 - Medical (06/14 to 06/15 - Dad's Sputum Test)

06/16/2017 - Mom's Interview Date (Approved!)

 

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Does your income (alone, not your husbands) meet the poverty level needed?

If it doesn't, either your husband will need to help sponsor (864A) or you need to find another sponsor.

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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i have no income, only my husband does. OK, i guess i'll have him do the I864A

Thanks!!

04/20/2004 Got married in the Philippines, and lived between here and there

10/15/2008 Husband arrives in USA on B1/B2 Tourist Visa

12/19/2008 Sent I-130 & I-485 AOS package via USPS Priority

12/21/2008 Package delivered

12/26/2008 NOA's dated for I-1485, I-130, I-131, I-765

03/30/2009 Obtained Green Card

01/24/2012 Mailed in N-400 for Naturalization

01/31/2012 Check for $680 was cashed

http://www.businessbeanstalk.com

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

When you are filling out YOUR I-864 you will show zero income, not the combined income. As the petitioner you must complete the I-864 even with no income. Husband does the I-864A. If it's not your husband (or another household member) then the co-sponsor would do an I-864.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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