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Neal851

Co-sponsor can count his wife's income on his I-864?

By Neal851 in IR-1 / CR-1 Spouse Visa Process & Procedures

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Neal851 Community Regular

Neal851   3

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Hi , my wife is my petitioner and her brother is my co-sponsor(I-864).So i want to know that can he include his wife's income in his I-864?? Like in the question of Current Annual Income ,can he write his income + his wife income in this??

He has filled his last 3 years of tax returns and he has included his wife as a dependent.Means they file the tax returns together.So can he add his wife income or not??? Or Should his wife has to fill up form I-864A (or I-864 separate)??

Your help will be appreciated.

IR-5 for Parents

02-28-14 -> I-130 sent to Chicago Lockbox.
03-03-14 -> USCIS received. (Priority Date)
03-09-14 -> NOA1 received.
06-04-14 -> NOA2 received. Approved.
06-18-14 -> NVC Received case.
07-03-14 -> NVC Assigned Case#(Got Case# & IIN Over the Phone).
07-22-14 -> DS-261 Completed.
07-25-14 -> AOS fee Payment.
07-29-14 -> AOS fee shows PAID.
07-30-14 -> AOS Package Sent.
07-31-14 -> AOS Package delivered.
09-15-14 -> IV fee Payment.

09-17-14 -> IV fee Shows PAID.

09-18-14 -> IV Package Sent.
09-20-14 -> IV Package Delivered.

10-20-14 -> Case Complete.

10-28-14 -> Case Complete Email Received.

BigSigh Experienced

BigSigh   12

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

Good morning. He can include his wife's income but she would have to fill out the I-864A. :thumbs: (As well as submitting her infoabout taxes and id and such).

*~Cr1 Journey~* CSC

-NOA 1 Receipt date: 3/1/10 (sent 2/18/10)

-Touched 4 different times in between

-APPROVED: 6/2/10

93 days from NOA1 to NOA2

-Received NVC case number: 6/9/10/10

-Gave NVC my e-mail address & e-mailed DS3032: 6/10/10

-Received NVC e-mails (DS3032 and AOS Fee)& paid AOS fee: 6/11/10

-AOS Fee shows as PAID & paid IV Bill: 6/15/10

-IV Bill shows as paid: 6/6/10

-Received IV instruction packet: 6/8/10

-Received dox from co-sponsor: 10/14/15/10

-Sent AOS package: 10/18/10

-AOS package received: 10/19/10-J.Desmond

-IV Package mailed out: 11/3/10

-AVR says I have an RFE: 11/5/10

-NVC operator told me what my RFE's are: 11/8/10

-NVC sent checklist letter (for the 2 AOS RFE's): 11/13/10

-NVC operator says the IV package has been entered: 11/18/10

-E-mailed SUE to see if that would do anything (3 diff times...): 11/29/30/10

-Sent AOS RFE's: 12/1/10

-AOS RFE's received: 12/2/10

-Checked payment portal for fun (SIF!!!!): 12/3/10

-AVR still say AOS missing info: 12/3/10

-NVC operator says case was shipped to USE in Lima: 12/3/10

-Received interview date (12/13/10): JANUARY 6th, 2011!!

-Medical: 12/21/10- Passed :)

-Interivew: 1/6/11- PASSED :D

-Visa received- 1/13/11

-POE FLL- 1/23/11 YES! BUTTTTTTT....still not reunited :'( (Reunited on the 24th)

LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted (edited)

Er,

As Teya told, your wife's brother's and brother's wife's income can be included.

Your wife will file - I-864

Your wife's brother will file - I-864 (assuming he lives in different address of your wife)

Your wife's brother's wife will file - ??? (I don't know if it is I-864 or I-864A)

Since they (brother and brother's wife) are combining income, it seems I-864A.

But since brother's wife has different address of your wife, it seems I-864.

Loto

Edited by LotOfPatience

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

Neal851 Community Regular

Neal851   3

Posted
Filed: IR-5 Country: India
 Timeline
  • Author
Posted

Er,

As Teya told, your wife's brother's and brother's wife's income can be included.

Your wife will file - I-864

Your wife's brother will file - I-864 (assuming he lives in different address of your wife)

Your wife's brother's wife will file - ??? (I don't know if it is I-864 or I-864A)

Since they (brother and brother's wife) are combining income, it seems I-864A.

But since brother's wife has different address of your wife, it seems I-864.

Loto

Hi LoTo ,i am also stuck at that point... :bonk:

IR-5 for Parents

02-28-14 -> I-130 sent to Chicago Lockbox.
03-03-14 -> USCIS received. (Priority Date)
03-09-14 -> NOA1 received.
06-04-14 -> NOA2 received. Approved.
06-18-14 -> NVC Received case.
07-03-14 -> NVC Assigned Case#(Got Case# & IIN Over the Phone).
07-22-14 -> DS-261 Completed.
07-25-14 -> AOS fee Payment.
07-29-14 -> AOS fee shows PAID.
07-30-14 -> AOS Package Sent.
07-31-14 -> AOS Package delivered.
09-15-14 -> IV fee Payment.

09-17-14 -> IV fee Shows PAID.

09-18-14 -> IV Package Sent.
09-20-14 -> IV Package Delivered.

10-20-14 -> Case Complete.

10-28-14 -> Case Complete Email Received.

BigSigh Experienced

BigSigh   12

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

It says on the form I-864 to file the I-864A if using the co-sponsor spouse's income. Does your wife live with her bro?

If not...then she files the I-864. Her brother files the I-864. Her sister-in-law files the I-864A (because she lives in the same household as her husband).

*~Cr1 Journey~* CSC

-NOA 1 Receipt date: 3/1/10 (sent 2/18/10)

-Touched 4 different times in between

-APPROVED: 6/2/10

93 days from NOA1 to NOA2

-Received NVC case number: 6/9/10/10

-Gave NVC my e-mail address & e-mailed DS3032: 6/10/10

-Received NVC e-mails (DS3032 and AOS Fee)& paid AOS fee: 6/11/10

-AOS Fee shows as PAID & paid IV Bill: 6/15/10

-IV Bill shows as paid: 6/6/10

-Received IV instruction packet: 6/8/10

-Received dox from co-sponsor: 10/14/15/10

-Sent AOS package: 10/18/10

-AOS package received: 10/19/10-J.Desmond

-IV Package mailed out: 11/3/10

-AVR says I have an RFE: 11/5/10

-NVC operator told me what my RFE's are: 11/8/10

-NVC sent checklist letter (for the 2 AOS RFE's): 11/13/10

-NVC operator says the IV package has been entered: 11/18/10

-E-mailed SUE to see if that would do anything (3 diff times...): 11/29/30/10

-Sent AOS RFE's: 12/1/10

-AOS RFE's received: 12/2/10

-Checked payment portal for fun (SIF!!!!): 12/3/10

-AVR still say AOS missing info: 12/3/10

-NVC operator says case was shipped to USE in Lima: 12/3/10

-Received interview date (12/13/10): JANUARY 6th, 2011!!

-Medical: 12/21/10- Passed :)

-Interivew: 1/6/11- PASSED :D

-Visa received- 1/13/11

-POE FLL- 1/23/11 YES! BUTTTTTTT....still not reunited :'( (Reunited on the 24th)

Neal851 Community Regular

Neal851   3

Posted
Filed: IR-5 Country: India
 Timeline
  • Author
Posted

It says on the form I-864 to file the I-864A if using the co-sponsor spouse's income. Does your wife live with her bro?

If not...then she files the I-864. Her brother files the I-864. Her sister-in-law files the I-864A (because she lives in the same household as her husband).

Thanks a lot for ur help.Yes my wife lives separate than her brother & sister-in-law's home.

IR-5 for Parents

02-28-14 -> I-130 sent to Chicago Lockbox.
03-03-14 -> USCIS received. (Priority Date)
03-09-14 -> NOA1 received.
06-04-14 -> NOA2 received. Approved.
06-18-14 -> NVC Received case.
07-03-14 -> NVC Assigned Case#(Got Case# & IIN Over the Phone).
07-22-14 -> DS-261 Completed.
07-25-14 -> AOS fee Payment.
07-29-14 -> AOS fee shows PAID.
07-30-14 -> AOS Package Sent.
07-31-14 -> AOS Package delivered.
09-15-14 -> IV fee Payment.

09-17-14 -> IV fee Shows PAID.

09-18-14 -> IV Package Sent.
09-20-14 -> IV Package Delivered.

10-20-14 -> Case Complete.

10-28-14 -> Case Complete Email Received.

LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

Thanks a lot for ur help.Yes my wife lives separate than her brother & sister-in-law's home.

Er,

It looks like Teya is correct.

Your wife's brother's wife makes an household contract (I-864A) between her and her husband. So, brother's wife and brother's income can be combined in the co-sponsorship to overcome the poverty line threshold.

Since your wife's brother resides at diff. address of your wife's, he will file I-864 with your wife's I-864. Your wife's income in this context is not counted anywhere.

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

Anh map Grand Master

Anh map   2,098

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

If the brother's income is enough then he does not have to include his wife's income via the I-864A.

Filing joint tax returns does not matter if he qualifies on his own. He would use the joint tax return/transcript but only include his income on the 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

LotofPatience Veteran

LotofPatience   65

Posted
Filed: IR-5 Country: India
 Timeline
Posted

If the brother's income is enough then he does not have to include his wife's income via the I-864A.

Filing joint tax returns does not matter if he qualifies on his own. He would use the joint tax return/transcript but only include his income on the I-864.

Er,

Hope this post helps you out!

Loto

CSC - I-130 for Parents (IR5)

10/11/2011 - Sent to Chicago Lockbox

10/13/2011 - Delivered at Chicago Lockbox

10/17/2011 - Email received with Receipt#, Routed to CSC

10/18/2011 - Cleared the checks $420*2

10/21/2011 - Received NOA1

03/30/2012 - Received NOA2

NVC

04/19/2012 - NVC received

05/01/2012 - Case# generated

05/02/2012 - DS-3032 COA emailed

05/02/2012 - I-864 AOS Fee $88 paid

05/05/2012 - I-864 AOS package mailed to NVC

05/07/2012 - I-864 AOS package received by NVC

05/07/2012 - DS-3032 COA accepted

05/08/2012 - DS-230 IV Fee $230*2 paid

05/09/2012 - DS-230 IV package mailed to NVC

05/11/2012 - DS-230 IV package received by NVC

05/17/2012 - Case Completed

Consulate

07/02/2012 - VFS visit in Cochin

07/04/2012 - Medical in Chennai

07/12/2012 - Interview in Mumbai - Success!

09/08/2012 - POE at JFK, NY

Neal851 Community Regular

Neal851   3

Posted
Filed: IR-5 Country: India
 Timeline
  • Author
Posted

Hi guyz thank u so much for ur kind helpful information. I decided to use only her brother's income as it is sufficient.Thanks again for everyone.

IR-5 for Parents

02-28-14 -> I-130 sent to Chicago Lockbox.
03-03-14 -> USCIS received. (Priority Date)
03-09-14 -> NOA1 received.
06-04-14 -> NOA2 received. Approved.
06-18-14 -> NVC Received case.
07-03-14 -> NVC Assigned Case#(Got Case# & IIN Over the Phone).
07-22-14 -> DS-261 Completed.
07-25-14 -> AOS fee Payment.
07-29-14 -> AOS fee shows PAID.
07-30-14 -> AOS Package Sent.
07-31-14 -> AOS Package delivered.
09-15-14 -> IV fee Payment.

09-17-14 -> IV fee Shows PAID.

09-18-14 -> IV Package Sent.
09-20-14 -> IV Package Delivered.

10-20-14 -> Case Complete.

10-28-14 -> Case Complete Email Received.

 
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