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Filed: Timeline
Posted

Can someone clarify this for me? I'm a USC filing AOS for my wife, but I don't have any income since I'm still in school. We use both of her uncle and aunt's combined income to meet the 125% poverty line. On part 3 question 8 form I-864, should I check Yes or No? This I-864 is filled out by her uncle. I'm confused because on the No box, it says "Applicable only in cases with two joint sponsors." Are both her uncle and aunt considered as two joint sponsors in this case? Or her uncle is considered as the only joint sponsor?

Her uncle's income alone meets the 125% poverty line, but my wife insist to use her aunt's income as well. Should I do this? Her aunt and uncle are still married and live the same household. We don't live in their household.

Any response is greatly appreciated.

Posted

Check yes. You are only sponsoring one immigrant. That is meant for situations in which there are 2 or more immigrants and 2 or more sponsors, each only sponsoring one of them.

If you include the aunt's income, she'll need to fill out an I-864 as well, and include all of the required documentation. It wouldn't be of much use to you though because of this little line here: "A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor." Only one of them should be the sponsor. A second joint sponsor can only be used if you are sponsoring more than one immigrant.

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N-400 package mailed: 04/16/2013

N-400 package delivered: 04/16/2013

NOA1 date: 04/17/2013

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Filed: Timeline
Posted
Check yes. You are only sponsoring one immigrant. That is meant for situations in which there are 2 or more immigrants and 2 or more sponsors, each only sponsoring one of them.

If you include the aunt's income, she'll need to fill out an I-864 as well, and include all of the required documentation. It wouldn't be of much use to you though because of this little line here: "A joint sponsor must be able to meet the income requirements for all the persons he or she is sponsoring without combining resources with the petitioning sponsor or a second joint sponsor." Only one of them should be the sponsor. A second joint sponsor can only be used if you are sponsoring more than one immigrant.

Thank you very much for your reply imaisha. I really appreciate it. Can the uncle use the aunt's income and the aunt only fills out form I-864A? In that case, is the uncle still considered as a joint sponsor? I hope you or anyone can help me on this. Many thanks.

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

If the uncle completes an I-864 and his income is sufficient then the aunt's I-864A will be irrelevant.

In the interests of (your)domestic bliss have uncle fill out the I-864 and attach all the relevant information for his income (his W2, 1099, etc.) and the aunt would complete an I-864A and attach all relevant info for her income. If they file joint returns they would each attach a copy of the same return to each affidavit.

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

Filed: Timeline
Posted
If the uncle completes an I-864 and his income is sufficient then the aunt's I-864A will be irrelevant.

In the interests of (your)domestic bliss have uncle fill out the I-864 and attach all the relevant information for his income (his W2, 1099, etc.) and the aunt would complete an I-864A and attach all relevant info for her income. If they file joint returns they would each attach a copy of the same return to each affidavit.

Thank you very much for your answer, anh_map. In the case that the uncle uses the aunt's income, is he still considered the only joint sponsor? I'm asking this because this is the first question on the I-864 form.

If the uncle does not use the aunt's income, then do we need to mail in information about the aunt because they file joint tax returns.

What do you think will be better for my case here? Including the aunt's income and file I-864A along, or exclude the aunt's income and just use the uncle's income. Any response is deeply appreciated.

 
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