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Filed: K-3 Visa Country: Egypt
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Posted

I have a sponsor for the I-864 whose income is sufficient for support. However, we are confused on the following issue:

The sponsor is married and his own income is sufficient for support, however he and his wife file taxes jointly. Do joint tax returns necessitate both individuals to sign? Her income is not needed to meet support requirements. How do we detail the sponsor's sole income when there is a joint return? Are the photocopies of W-2 forms clear enough for that purpose? Does his wife need to sign an I-864A due to the joint returns?

We appreciate your prompt reply.

Posted

I have a sponsor for the I-864 whose income is sufficient for support. However, we are confused on the following issue:

The sponsor is married and his own income is sufficient for support, however he and his wife file taxes jointly. Do joint tax returns necessitate both individuals to sign? Her income is not needed to meet support requirements. How do we detail the sponsor's sole income when there is a joint return? Are the photocopies of W-2 forms clear enough for that purpose? Does his wife need to sign an I-864A due to the joint returns?

We appreciate your prompt reply.

Depending on the embassy - they may want separate financial info (even a separate 864A from the non-sponsoring spouse stating they will not sponsor) - so first check with them.

Normally, you would just use the 864 and follow the instructions as set forth, as he would. The spouse is not normally required to file an 864A if they are not sponsoring.

Your co-sponsor should use IRS tax transcripts (request the "Wage and Income" version) - this will have all the information (forms/w-2/1099/etc...), breaking out who makes what (in a single/joint return).

If you wish to use actual forms, and W-2's - copies are acceptable. (I recommend the transcripts though)

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

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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