A question about Joint Sponsor for AOS!

[sunflower123 6]

Hello VJ family!

We are starting to prepare all the documents for NVC, and the AOS is an important part of it.

My husband started working in 2011,he meets the requirement above the poverty line, but he was living abroad with me during 6 months last year, so we don't have the past 3 taxes return (and perhaps 2012 taxes won't make enough),we want to be safe and my father in-law accepted to be our co-sponsor.

Which form does he needs to file (as a co-sponsor), since he files his taxes together with my mother in-law.

Is it the I-864A?

I get a little confused here, since we know that as a co-sponsor he will fill the I-864, but since their taxes are presented together, I am not sure what forms we should use.

Thank you so much, any help will be appreciated!!

[The Mean Lady 604]

Your father in law will file the I-864.

If you want to combine incomes with him and his wife. and she will be a joint sponsor with him, then she will file the I-864A

[sunflower123 6]

Your father in law will file the I-864.

If you want to combine incomes with him and his wife. and she will be a joint sponsor with him, then she will file the I-864A

Thank you! So it will be the I-864

So is it possible that he will be the only joint sponsor? He can meet the requirements by himself, but I wonder if it's possible that he will be our sponsor without combining her income? Or is it a must to do it combined since they file taxes together?

[The Mean Lady 604]

Thank you! So it will be the I-864

So is it possible that he will be the only joint sponsor? He can meet the requirements by himself, but I wonder if it's possible that he will be our sponsor without combining her income? Or is it a must to do it combined since they file taxes together?

No, he can do that.

Very possible.

[sunflower123 6]

No, he can do that.

Very possible.

Thank you so much!

We were a little confused about it, so now we will go ahead and fill out the I-864 forms for my husband and my father in-law

[Roosha 51]

Ok according to your original post you're describing that your husband has a job and makes enough to meet the poverty guideline but you're getting a co-sponsor b/c the tax return don't reflect that? If this is true, then you don't need a co-sponsor. It's current income that matters, not past income. If your husband has been working for a good amount of time at his job and his annual salary meets the guidelines then you don't need your father in law to co-sponsor.

[pushbrk 13,410]

No, he can do that.

Very possible.

This answer is technically correct but insufficient to properly guide the OP. If the father's income is sufficient AND from W2 employment that is documented with pay stub and complete tax return(s) (including W2 forms) instead of a tax return transcript, then Dad can be the joint sponsor without Mom providing the I-864a. If the circumstances don't match that exact description, the answer could be different. The safe bet is to do both affidavits, but it MAY not be necessary depending on the circumstances.

To the original question, the petitioner may well qualify based on "current income" regardless of any specific past year's (2012 is a past year.) income. Sponsors are not required to qualify for all or even ANY of the past years (This can vary by Consulate but is generally true for the vast majority). Chances are, if the petitioner has a history of good income and is working at a good full time job at the time the affidavit is provided, they'll qualify on their own.

[sunflower123 6]

Ok according to your original post you're describing that your husband has a job and makes enough to meet the poverty guideline but you're getting a co-sponsor b/c the tax return don't reflect that? If this is true, then you don't need a co-sponsor. It's current income that matters, not past income. If your husband has been working for a good amount of time at his job and his annual salary meets the guidelines then you don't need your father in law to co-sponsor.

Yes, it's correct, he started working in 2011, he has his 2011 taxes (these ones are above the requirement for a household of 2,adjusted gross income around 23k) but in 2012 he didn't work for 6 months bcs he was living abroad with me,we don't know if I will get the interview around April, if so, the most recent taxes will be 2012, this is the reason why we want to be safe and get the co-sponsor. We have read that #1 reason for denial at interview is not meeting the financial requirements, and we definitely wanna cover that possibility.

[sunflower123 6]

This answer is technically correct but insufficient to properly guide the OP. If the father's income is sufficient AND from W2 employment that is documented with pay stub and complete tax return(s) (including W2 forms) instead of a tax return transcript, then Dad can be the joint sponsor without Mom providing the I-864a. If the circumstances don't match that exact description, the answer could be different. The safe bet is to do both affidavits, but it MAY not be necessary depending on the circumstances.

To the original question, the petitioner may well qualify based on "current income" regardless of any specific past year's (2012 is a past year.) income. Sponsors are not required to qualify for all or even ANY of the past years (This can vary by Consulate but is generally true for the vast majority). Chances are, if the petitioner has a history of good income and is working at a good full time job at the time the affidavit is provided, they'll qualify on their own.

Yeah, well his current income it's a little above the poverty line for a household of 2 (I think around 23k),he has started working after school in 2011, then we got married last year and he was back to work in August 2012, so 2012 taxes won't show the same amount as if he would be working the whole year.

Our first option was to just use his income,He will get the employment letters and will gather pay stubs from last 3-4 months, besides his taxes return 2011, but we want to be safe and to don't get a denial at the time of interview because of just being a little above the poverty lines.

My father in law is willing to provide some extra support to our petition being our co-sponsor, but my question here was if it's OK to just use his taxes and pay stubs, even though he files taxes together with my mother in-law.

In case that my husband meets the requirements and it's plenty according to NVC, what happens to the co-sponsor? Do they send both I864 forms? Or they notify that with 1 sponsor (the US citizen) is plenty?

[pushbrk 13,410]

Yeah, well his current income it's a little above the poverty line for a household of 2 (I think around 23k),he has started working after school in 2011, then we got married last year and he was back to work in August 2012, so 2012 taxes won't show the same amount as if he would be working the whole year.

Our first option was to just use his income,He will get the employment letters and will gather pay stubs from last 3-4 months, besides his taxes return 2011, but we want to be safe and to don't get a denial at the time of interview because of just being a little above the poverty lines.

My father in law is willing to provide some extra support to our petition being our co-sponsor, but my question here was if it's OK to just use his taxes and pay stubs, even though he files taxes together with my mother in-law.

In case that my husband meets the requirements and it's plenty according to NVC, what happens to the co-sponsor? Do they send both I864 forms? Or they notify that with 1 sponsor (the US citizen) is plenty?

Based on your timeline, I think you'll be OK with just his income. His "current income" is sufficient. Neither a 2011 or 2012 tax return represents "current income". You are only required to provide that information, not have qualifying income during prior years, unless self employed.

Juarez is not one of the Consulates that makes things difficult to get past the affidavit of support requirements if current income is sufficient. Chances are, also that his most current pay stub is all he'll need, instead of months worth but you can take as may as you like.

Edited January 21, 2013 by pushbrk

[sunflower123 6]

Based on your timeline, I think you'll be OK with just his income. His "current income" is sufficient. Neither a 2011 or 2012 tax return represents "current income". You are only required to provide that information, not have qualifying income during prior years, unless self employed.

Oh! So what you mean is that everyone is required to present the prior years taxes return but what really will decide if someone qualifies or not is the CURRENT income, which is what is stated in the Pay stubs and employment letter. Am I right?

Maybe a good idea will be to still prepare the co-sponsor info (and just sending my husband's info to the NVC) and bring it to the interview just in case?

Sorry! Just wanna cover any chance of denial because of a low income

Edited January 21, 2013 by sunflower123

[pushbrk 13,410]

Oh! So what you mean is that everyone is required to present the prior years taxes return but what really will decide if someone qualifies or not is the CURRENT income, which is what is stated in the Pay stubs and employment letter. Am I right?

Maybe a good idea will be to still prepare the co-sponsor info (and just sending my husband's info to the NVC) and bring it to the interview just in case?

Sorry! Just wanna cover any chance of denial because of a low income

Almost. Everybody must provide information from three tax returns but is only required to provide a copy of the most recent one. Qualification is based on current income. For example, you could have made a lot of money in 2012 but lost your job in December. No job in January means you have no current income, so don't qualify.

You could have earned nothing in 2012 and got a good job January 1, making your "qualified" regardless of 2012 income.

[sunflower123 6]

Almost. Everybody must provide information from three tax returns but is only required to provide a copy of the most recent one. Qualification is based on current income. For example, you could have made a lot of money in 2012 but lost your job in December. No job in January means you have no current income, so don't qualify.

You could have earned nothing in 2012 and got a good job January 1, making your "qualified" regardless of 2012 income.

Oh! Thank you so much for the examples, it's much more clear now!