Help! Issued 221g for an I-864A

[MATBON 1]

Our Joint Sponsor’s wife needs to fill up I-864A. Since they are filing tax return jointly, our Joint Sponsor has specified the full income amount in his I-864 showing in their filed 1040 Individual Income Tax Return as most part of this income was from him. This didn’t pose problem to us in NVC, but US Embassy (Manila) issued us 221g requiring this I-864A from her wife.

I think that this I-864A is only for formalization since 1040 presented is of joint filing and around 85% of their income comes from the husband (85% is far above poverty level). American Consul actually mentioned that there’s no doubt the joint sponsor can support us but nevertheless they need the I864A from the wife.

But we are confused on what amount she should put in her total income? Would it be the same amount as reflected by the husband in his I864 as indicated in their filed 1040? Do we need to include other docs to support the I864A form? if so, what are these docs? Please, please advise.

[lynie12 0]

yes, the same as amount that he put in his total income. Make sure to include her latest w2 (wage form).

[Hank_ 9,174]

yes, the same as amount that he put in his total income. Make sure to include her latest w2 (wage form).

[MATBON 1]

Thank you so much!!

[KendrickPaula 2]

i have a co sponsor as well whish is my mother in law. her itr is also joint itr with her husband which is my father in law. my interview is on the 30th. will i get the same situation as yours since tey are joint itr? they also have joint w2. reply pls tia!

[LeeandJoy 0]

Just turned in my joint sponsors (sister) I864. She also files jointly...this is what the embassy told me over the phone....If she is filing as the joint sponsor and her income alone is enough, there is no need to file the I-864a from the husband as joint filer. Just put her income only in the corresponding questions. With the new form that would be part 6 line 5....and then in part 6 line 10 as no other person is counted in the household for income purposes. In line 13a.1,13b.1,and 13c.1 for total adjusted income she put the total adjusted income from her w2's. Now this is how I was instructed. We shall see how it works out.

Quote from Manila Visa unit...."The contract between Sponsor and Household member (Form I864a) is used in conjunction with the sponsor's Affidavit of Support (I-864) when a sponsor is using the income or assets of household members in order to meet the statutory income requirements of INA Section 213A".

"If the joint sponsor"s income meets financial support requirements, he/she need not provide a Form I-864a".

I think in your case, because he added in the wife's income, they are now requiring the I-864a from the wife, or his name and income was added in Part 6 line 6a

I should find out soon if what they said over the phone and email is going to fly.

Good luck to you on your visa.

[MATBON 1]

Now I see, I think this is how it went wrong.. our joint sponsor put their total income in line 24a (old I-864 form), which is the total amount reflected in their tax transcript (IRS). We did not breakdown how much income came from the wife in line 24b. And since we only submitted the tax transcript for the 3 recent tax years not their respective W2s, USEM could not identify how much their individual income is. They required I-864a, so whether which one is capable to support, they will have them both signed the affidavit of support to be safe.

So for the I-864a that we are going to submit, wife should put her total individual income in Part 1 line 10 but will provide wife’s W2. And will still put the total income as indicated in our joint sponsor’s I-864 in line 11 for the 3 recent tax years which was already supported by their tax transcripts. AM I CORRECT?

But what if wife can’t produce W2? Am I safe to conclude that since the total income is far above poverty line, USEM would only need the wife’s signed I-864a from us and that 3 years tax transcript already submitted is enough?? PLEASE ADVISE.

Thanks LeeandJoy for your inputs.

P_dioso - IMO, it could be how you presented the joint sponsor’s income in her I-864 and its supporting docs. So it could be two cases, mine and LeeandJoy’s. I think the main thing in cases of joint sponsor’s joint filing is for USEM to identify sole income of the joint sponsor. Though our joint sponsor’s sole income is enough we did not provide individual W2 to support it. I’m not sure though what to provide in case of joint W2.. if it has some breakdown in it then I think you are fine. Good luck to your interview.

[LeeandJoy 0]

The 221g document received should have stated the documents needed. In our case :

Affidavit of Support (I-864) with original signature

US Federal Income Tax return(s) for year(s)

W2 form(s) for year(s)

Evidence of US Citizenship or status as lawful permanent resident

Evidence of current sustained income

and if needed....Form I-864a from joint sponsor and spouse/co-resident with original signatures

They are going to want to see the wife's W2....what they check off on the 221g, is what they want as supporting documents. If they don't receive the docs they want, they will issue another 221g asking for those docs not submitted.

You're right the new I-864 is not the best for identifying sole income in a joint filing. A quick call to the consulate may be another option.

[LeeandJoy 0]

Just a follow up....the embassy updated on july30 the docs we sent with the 221g....and today..Aug2....they posted issued...We are both very happy!!!!!!!!

The 221g document received should have stated the documents needed. In our case :

Affidavit of Support (I-864) with original signature

US Federal Income Tax return(s) for year(s)

W2 form(s) for year(s)

Evidence of US Citizenship or status as lawful permanent resident

Evidence of current sustained income

and if needed....Form I-864a from joint sponsor and spouse/co-resident with original signatures

They are going to want to see the wife's W2....what they check off on the 221g, is what they want as supporting documents. If they don't receive the docs they want, they will issue another 221g asking for those docs not submitted.

You're right the new I-864 is not the best for identifying sole income in a joint filing. A quick call to the consulate may be another option.

[Hank_ 9,174]

Just a follow up....the embassy updated on july30 the docs we sent with the 221g....and today..Aug2....they posted issued...We are both very happy!!!!!!!!

Great news!! Very happy for you both! :dance:

Way too much dinging around ... glad its finally done.

[LeeandJoy 0]

Thanks Hank...it is great news....I learned a lot during this process. In the end it was pretty fast and fairly easy...now just need to sell my car and all my belongings here then we make the trip across the pond.

Great news!! Very happy for you both!

Way too much dinging around ... glad its finally done.

[Hank_ 9,174]

Well when you finally get to AZ give a yell....

[KendrickPaula 2]

The 221g document received should have stated the documents needed. In our case :

Affidavit of Support (I-864) with original signature

US Federal Income Tax return(s) for year(s)

W2 form(s) for year(s)

Evidence of US Citizenship or status as lawful permanent resident

Evidence of current sustained income

and if needed....Form I-864a from joint sponsor and spouse/co-resident with original signatures

They are going to want to see the wife's W2....what they check off on the 221g, is what they want as supporting documents. If they don't receive the docs they want, they will issue another 221g asking for those docs not submitted.

You're right the new I-864 is not the best for identifying sole income in a joint filing. A quick call to the consulate may be another option.

hello if ever this will happen to us. i didnt not attend my interview due to i need to rush my abby to hospital but anyway im reschedulng everything regarding the i864 which is confusing me. let me explain it to u again, i ahve a co sponsor which is the mom of my F, she is filing his income tax return jointly with his husband. who needs to fill up the i864? and how about the i864a?? sorry its really confusing me.

[Hank_ 9,174]

If you are using only your mom's income (make sure not to state combined income of both), then only your mom needs to complete the I-864, and include a copy of MOM's W-2 with the copy of the ITR

[KendrickPaula 2]

If you are using only your mom's income (make sure not to state combined income of both), then only your mom needs to complete the I-864, and include a copy of MOM's W-2 with the copy of the ITR

btw so her annual income is around $38000 will it be enough? or does she still need the i864? they are 3 members in the house, additional 2 that would be and my baby.. and regarding the w2 its also joint w2 and also itr with his husband.