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Filed: K-1 Visa Country: Philippines
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Need your help again guys. Got an RFE last week in reference for my i-485 application because I did not submit my sponsor's/joint sponsor's federal income tax return and only the w2's were submitted. Which were definitely insufficient. So i got my mother-in-law's federal income tax return today and I see that her husband is also in her tax return. So, is this fine? And her address in her tax return doesn't match her current address right now. Her husband's income is way too low so will that have any bearing about her being my husband's joint sponsor?

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Filed: K-1 Visa Country: Vietnam
Timeline

Need your help again guys. Got an RFE last week in reference for my i-485 application because I did not submit my sponsor's/joint sponsor's federal income tax return and only the w2's were submitted. Which were definitely insufficient. So i got my mother-in-law's federal income tax return today and I see that her husband is also in her tax return. So, is this fine? And her address in her tax return doesn't match her current address right now. Her husband's income is way too low so will that have any bearing about her being my husband's joint sponsor?

The joint tax return is not a problem. She doesn't have to include her husband's income if either she or he doesn't want to. She should write only her own income on the I-864. Her household size will include her husband, though.

If she does choose to include her husband's income, and if he agrees, then he needs to sign an I-864A. This is a contract between a sponsor and a qualifying household member where the household member agrees to make their income available to sponsor the immigrant. In that case, they would use their combined income to qualify. There is a space on the I-864 to declare the income of a qualifying household member for combining income. That number has to be obtained from a signed I-864A.

She should write her current address on the I-864. The address on the tax return is not an issue.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

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Filed: K-1 Visa Country: Philippines
Timeline

The joint tax return is not a problem. She doesn't have to include her husband's income if either she or he doesn't want to. She should write only her own income on the I-864. Her household size will include her husband, though.

If she does choose to include her husband's income, and if he agrees, then he needs to sign an I-864A. This is a contract between a sponsor and a qualifying household member where the household member agrees to make their income available to sponsor the immigrant. In that case, they would use their combined income to qualify. There is a space on the I-864 to declare the income of a qualifying household member for combining income. That number has to be obtained from a signed I-864A.

She should write her current address on the I-864. The address on the tax return is not an issue.

Thanks for your quick reply. Actually, our joint sponsor's income alone won't support 4 people but if my husband's income is combined, then it will make it. However, since her husband needs to be included in the household size, will this mean that combined income (sponsor's and joint sponsor's) should be able to support 5 persons(mother-in law, husband, daughter, intending immigrant and sponsor?)

Here's a clearer picture:

sponsor only made $16k for last year

joint sponsor made $10,500 for last year and she's on EDD so she received 8k for her EDD

Mother-in-law has 1 dependent

Household inlcudes mother-in-law, husband, daughter, intending immigrant and sponsor. As per poverty guidelines, income requirement for a household size of 5 is $32, 237. I'm really stressing right now.

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