Is I-864A required if 864 co-sponsor filed taxes jointly?

[ohlpomr 0]

Sorry to add my 864 question -- there are sooo many 864 threads on here and I don't want to litter the site with more questions.

Here's my situation -- I really do not like the 864, because I really I think its rather rude that I have to ask a family member to co-sponsor my spouse.

We have plenty of income (foreign) and assets (foreign) but I am positive that we will still be asked to provide a co-sponsor. So my goal is to limit the amount of commitments by people.

My father will be a happy co-sponsor. He will complete an 864. However, his latest tax return was filed jointly. Does that mean that his wife HAS to file an 864A as a member of his family since their income I suppose was pooled together on their latest tax return?

Like I said, I would prefer to only use the single co-sponsor 864, but I think the additional 864a might also be req'd due to the joint taxes?

Cheers

[Lona.C. 16]

Sorry to add my 864 question -- there are sooo many 864 threads on here and I don't want to litter the site with more questions.

Here's my situation -- I really do not like the 864, because I really I think its rather rude that I have to ask a family member to co-sponsor my spouse.

We have plenty of income (foreign) and assets (foreign) but I am positive that we will still be asked to provide a co-sponsor. So my goal is to limit the amount of commitments by people.

My father will be a happy co-sponsor. He will complete an 864. However, his latest tax return was filed jointly. Does that mean that his wife HAS to file an 864A as a member of his family since their income I suppose was pooled together on their latest tax return?

Like I said, I would prefer to only use the single co-sponsor 864, but I think the additional 864a might also be req'd due to the joint taxes?

Cheers

no his wife doesnt have to file a 864 , if your dad has enough income to show that he could suport his wife and you plus your wife then only your dad has to file the 864 co sponsor , make sure you got all the info from your dad just lijke you need for your self like ( tax return and suporting documents that shows his income )

[trailmix 77]

Yes, he just needs his information to prove his income. So for instance, if he does get the IRS transcript, also have him give you any income slips as well - that is what will show his individual income.

That said, I have seen a couple of instances, one in Montreal, I don't remember where the other one was, where they insisted on an I-864A from the joint filer. According to their own instructions, this is not required - but apparently it's up for interpretation by the CO - even wrongly.

Hopefully you will get more UK filers here to give you their personal experiences.

[sachinky 464]

I have the same situation. My cousin makes enough to be my joint sponsor so I wasn't sure since there's a lot of conflicting information regarding this BUT just to be on the safe side I'm asking his wife to fill in a I864A since they are married and file taxes jointly. I assume if NVC doesn't require it, they can just shred it.

Edited November 12, 2009 by sachinky

[viol8torUK 0]

I have similar questions, and since this thread is fairly active at the moment I thought I would chip in......

We are filing DCF in London. My wife is the USC, but will have no job in the US to go back to. I am the intending immigrant, and will keep my job when moving, although my employment status will be changing..... I am currently salaried full-time in the UK, but when we move to the US, I will be forming an LLC and then billing my current employer - so currently I'm not sure if that will do for our I-864 (my salary will more than cover the poverty requirements, and my pay will still be 'from the same source'). Would forming an LLC and billing my current employer cause problems as far as the I-864 is concerned?

As a result of not being sure if this will be accepted for the I-864 requirement, we will be asking my wifes parents to sponsor us as well...... my wifes father is in full-time employment, and files jointly with his wife, who does not work..... how do we go about filling in the forms for this? does my mother in law have to fill in an 864-A? or can she just be included on th 864 with an income of $0?

Thanks

Tony

Edited November 12, 2009 by viol8torUK

[Mand 1]

We had our IR1 interview a week ago and we brought our joint sponsor's 1-864 with us incase my husband's US job offer letter wasn't sufficient financial proof. Because our joint sponsor filed taxes with his wife, we also brought an 1-864a with us that she filled out. The lady looking through our documents didn't see the I-864a and said that we needed our joint sponsors W2's or the I-864a.

I think it's better to be over prepared for whatever they might look for, rather than risk delaying getting the visa.

viol8tor, my husband's Irish job is also continuing here, but he also went from a full time employee to a consultant role with a set retainer fee. We didn't include that financial info in our own Affidavit of Support as he hadn't the details of it finalised, but if we had we would most certainly have brought it with it - and the joint sponsor info too, then just let the CO decide.

[sachinky 464]

Mand, so in case of a joint sponsor who files taxes jointly it's best either to have a I864A signed by the spouse OR the joint sponsor's W2's indicating his individual income. That's what I got from your post.

[viol8torUK 0]

I just want to confirm things here - my parents-in-law are about to send over their I-864's and I really don't want to have to get them to send them again!

My father-in-law (my sponsor), has filled in the I-864. He files his taxes jointly with his wife. His salary more than covers the poverty guidelines for 3 people (himself, his wife, and myself), so no assets are required.

His wife is filling in the I-864A currently, but as she doesn't work, and hasn't done for some while, we're not sure what she should put.... obviously she ticks unemployed and fills in the 'since' box with the last date she worked (several years ago). I'm assuming she puts her current individual income as $0? For the tax returns part (Question 11), does she put $0 in those boxes as well as she personally has earned $0, or does she put the total earnings shown on her joint tax returns (which are 100% her husbands earnings)?

Also, what accompanying documentation is required?

They are sending photocopies of:

last 3 years joint tax returns

last 6 months pay stubs

birth certificates (1 each)

info page from passports (1 each)

should that be enough??

Thanks again.... we're getting there slowly!

Tony

[sachinky 464]

W2s if not using IRS tax transcripts. Possibly an employment letter.

[Mand 1]

Mand, so in case of a joint sponsor who files taxes jointly it's best either to have a I864A signed by the spouse OR the joint sponsor's W2's indicating his individual income. That's what I got from your post.

Yep, that's exactly what the lady in the US Embassy told me, Sorry for the late reply!

viol8tr, for her earnings our joint sponsor's wife put $0 and she put the full total of her husband's earnings since they filed jointly. From them, we brought with us (all just stapled together) - the form for each of them, a copy of their passport bio page and a copy of their tax return. We didn't include any pay stubs at all and weren't asked for any. The tax return in itself is proof of income, but I supopse if you have pay stubs there's no harm bringing them with you!

[ohlpomr 0]

Hi, everyone!

I stopped getting the email updates for when there were replies on this thread, and I'm just now seeing how many of you replied.

A belated thank you to everyone its now clear!

[TKSR15 7]

So sorry gang but I need to beat this dead horse also.

I am filing AOS for my wife using my father as "only joint sponsor" my parents are retired and file jointly my fathers retirement income is from multiple sources that is enough for sponsorship. My moms is included in their 1040. I have their copies of 2015 w-2's and 1099's.

like everyone is asking does my mom need to file out a 864A? Also what line on 1040 do they look at line 22 or 37? Some of my fathers income is not taxable so it doesn't even show on the total for line 22 or 37. When they ask for total income on 864 should I total all my dad's w-2's or only use the number from 1040? If I only use my dad should I not send my mom's w-2? This is the most confusing part for sure.

Thanks as always.

[gradtaai 8]

So sorry gang but I need to beat this dead horse also.

I am filing AOS for my wife using my father as "only joint sponsor" my parents are retired and file jointly my fathers retirement income is from multiple sources that is enough for sponsorship. My moms is included in their 1040. I have their copies of 2015 w-2's and 1099's.

like everyone is asking does my mom need to file out a 864A? Also what line on 1040 do they look at line 22 or 37? Some of my fathers income is not taxable so it doesn't even show on the total for line 22 or 37. When they ask for total income on 864 should I total all my dad's w-2's or only use the number from 1040? If I only use my dad should I not send my mom's w-2? This is the most confusing part for sure.

Thanks as always.

There is a place to show total income, and then there is the place where you put the income from your 1040s. They don't have to match, but you have to show proof for the rest of the income, SSA for example. There is some confusion about what to put in the income from 1040s. The instructions say TOTAL for 1040, which would line 22, and ADJUSTED INCOME from 1040EZ.But if you send for transcripts of your 1040 from the IRS, they only show ADJUSTED TOTAL.

Since I needed to add my SSA as income. I used line 22, then added my SSA for the total income slot. Then showed my SSA1099 as proof.

[TKSR15 7]

GRADTAAI, thanks that helps for that part of the question.

[Webdevman 93]

My father is my co sponsor for my wife. He files jointly with my mother and they asked for an i864a for both my mother and father. My father and I both filled out i864.