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Joint sponsor or Co-sponsor

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http://www.visajourney.com/forums/topic/303296-joint-sponsor-or-co-sponsor-i864/page__gopid__4661053#entry4661053

The Whole above conversation made me confuse.

My situation is my spouse is US citizen.we both in the US. But She don't have enough income to sponsor me, so My father in law is helping me to file.

Now I know that my spouse have to file I-864 . what about my father in law?

My package is ready and I thought my father in law have to file I-864A and I was suppose to mail it today but I just read this forum. Can anyone please clarify it in my case?

Thanks

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The simplest way is for the father in law (Dad) to submit an I-864 as well. His income would not be combined with your wife's and he would have to earn enough individually to cover his household plus you.

If you and your wife are living with your in-laws then it's possible for Dad to submit an 864A as a household member. Where this can potentially be a problem is when the petitioner sponsor (your wife) makes very little money and the joint sponsor (co-sponsor is a term that is often used to mean the same thing) is the head of the household. The household size becomes unclear for the immigration officer. With Dad completing the 864 his household size is clear.


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

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http://www.visajourney.com/forums/topic/303296-joint-sponsor-or-co-sponsor-i864/page__gopid__4661053#entry4661053

The Whole above conversation made me confuse.

My situation is my spouse is US citizen.we both in the US. But She don't have enough income to sponsor me, so My father in law is helping me to file.

Now I know that my spouse have to file I-864 . what about my father in law?

My package is ready and I thought my father in law have to file I-864A and I was suppose to mail it today but I just read this forum. Can anyone please clarify it in my case?

Thanks

Do you and your wife live with your father in-law? If not, does your wife claim your father in-law as a dependent on her tax return? If neither of these apply then your father in-law can't use an I-864A. He'd need to use an I-864. An I-864A is only for a qualifying household member or dependent of a sponsor who signs an I-864. An I-864A can also be submitted by the intending immigrant, but that won't apply to your father in-law.


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The simplest way is for the father in law (Dad) to submit an I-864 as well. His income would not be combined with your wife's and he would have to earn enough individually to cover his household plus you.

If you and your wife are living with your in-laws then it's possible for Dad to submit an 864A as a household member. Where this can potentially be a problem is when the petitioner sponsor (your wife) makes very little money and the joint sponsor (co-sponsor is a term that is often used to mean the same thing) is the head of the household. The household size becomes unclear for the immigration officer. With Dad completing the 864 his household size is clear.

I read the instruction for the I-864A in that they mention,

Who May Be Considered a "Household

Member" for Purposes of This Form?

A relative who has the same principal residence as the

sponsor and is related to the sponsor as a spouse, adult

child, parent, or sibling;

A relative or other person whom the sponsor has lawfully

claimed as a dependent on the sponsor's most recent Federal

income tax return even if that person does not live at the

same residence as the sponsor;

The intending immigrant, in certain circumstances. (See

"How Can the Intending Immigrant Be Considered a

Household Member"?)

So my spouse file join tax return with my father in law but we are not living with him anymore so we can file I-864A.

Am I on the right track??

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No, you cannot file I-864A because you do not live together. Father in law must file I-864.

Also, your spouse does not file a joint tax return with his father - that is impossible. It is possible his father claims his as a dependent on his taxes, but your husband also has to file his own taxes if he makes any income.

That statement you quoted is that the sponsor (your spouse) would have to claim the household member (his father) as a dependent. That is not what is happening. Your husband is the primary sponsor no matter what.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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No, you cannot file I-864A because you do not live together. Father in law must file I-864.

Also, your spouse does not file a joint tax return with his father - that is impossible. It is possible his father claims his as a dependent on his taxes, but your husband also has to file his own taxes if he makes any income.

That statement you quoted is that the sponsor (your spouse) would have to claim the household member (his father) as a dependent. That is not what is happening. Your husband is the primary sponsor no matter what.

Sorry everyone to make it complicated.

I am on OPT. My wife is US citizen.She is not making any income but she is my sponsor so she file I-864.

Now My father in law is joint sponsor and my wife is as dependent of my father in law in recent tax filling So my father in law can file I864a or not?

Please let me know I just mailed my application with I-864A.

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Sorry everyone to make it complicated.

I am on OPT. My wife is US citizen.She is not making any income but she is my sponsor so she file I-864.

Now My father in law is joint sponsor and my wife is as dependent of my father in law in recent tax filling So my father in law can file I864a or not?

Please let me know I just mailed my application with I-864A.

If your wife was claimed by her father on his most recent tax return then she must be included in his household count as well.

He needs to submit an I-864, not the 864A. With your spouse not earning any income and being claimed by her dad as a dependent the 864A is too unclear as far as overall household count. If you send the 864A, there is more chance of delay when an RFE is issued.


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

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I-864 for father-in-law. You don't live together, and the sponsor (your wife) does not claim him on her taxes.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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