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

Hi guys,

First of all, let me tell you my situation. My husband has job and his tax return of 2011 didn't meet the requirement of the poverty line. We have to submit the latest three year's tax return(2011,2012,2013) to NVC and embassy, so my husband's Dad will be our joint sponsor. His parents has joint tax return and his Dad has individual income. His Mom is housewife. And my husband lives with his parents.

Should his Dad file a separate I-864 or I-864A???? And i heard his Mom also has to submit I-864A. Is that true?

So far I'm so confused with calculating the household.

Could you please help check if the numbers I put is correct ???

persons you are sponsoring in this affidavit

1. enter the number you entered on the line 7 of part 3 (1)

Persons Not sponsored in this affidavit----
2.yourself(1) ---------------------------------
Does "yourself" stand for my husband? should he count himself in?
3. if you are currently married, enter 1 for your spouse (0)
4. if you have dependent children(0)
5. if you have any other dependents, (0)
6. if you have sponsored any other persons on an I-864 or I-864EZ (0)

7. If you have siblings, parents, or....with the same principal residence who are combining their income with yours by submitting FORM I-864A (2) -----------------Someone told me that this should be counted as "1" if his parents has joint tax return. But for my understanding, I put "2" persons for his Dad and Mom.

8. Add together lines 1-7 and enter the number here. Household size (4) -------I'm not sure about this. I think it should be excluded my husband, because my major sponsor is his Dad.

If someone can answer my questions, I would be very appreciated. Thanks!!!

Filed: Citizen (apr) Country: Argentina
Timeline
Posted

hi

make it easy. just because they live together doesn't make them household members, spouses and dependent children on their taxes do

so you and your husband are one household if you don't have dependent children

his dad, mom and you as the beneficiary make another household, if they don't have dependent children, your husband isn't counted

if his mom doesn't have any income there is no income to combine

your husband files the i864 and his dad the i864A

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

hi

make it easy. just because they live together doesn't make them household members, spouses and dependent children on their taxes do

so you and your husband are one household if you don't have dependent children

his dad, mom and you as the beneficiary make another household, if they don't have dependent children, your husband isn't counted

if his mom doesn't have any income there is no income to combine

your husband files the i864 and his dad the i864A

Hi, Aleful, thank you very much for your reply! I just asked an agent. She said, if my husband's address and his Dad's address on the tax return are the same. Household size is counted as 4. And like you said, Dad has to fill in I-864A & my husband has to fill in I-864. Even if his Mom doesn't have income, she also has to fill in I-864A. What she told me is correct??

Did/is husband's income meeting the poverty line for 2012 and 2013?

yes, only 2011 didn't

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

The best way to keep the household count accurate and easier to keep track of is to have your husband fill out his I-864 and his father fill out his own separate I-864. If your husband has no other dependents, then his household size is only 2, him and you. Then, if his father has no other dependents besides his wife, then the father's household size is 3 on his I-864, himself, his wife and you. He can provide his most recent joint tax return/transcript and a copy of his W-2 to show his individual income.

The tax return will show his wife has no income of her own, but he(or she) can include a note that she does not have any income and therefore will not be providing an I-864A to help contribute to the sponsorship. Sometimes you have to point out the obvious when dealing with immigration. OR, you can have the mom go ahead and fill out an I-864A to go along with her husband's I-864 for joint sponsorship, even though she has no income and it really is not needed. It might help avoid delays if whoever processes your affidavits decides the mom needs the I-864A anyway. It is not a requirement, but sometimes asked for anyway.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Posted

Given that some people seem to qualify to be the sole sponsor with only paystubs as proof of earnings, wouldn't OP's husband qualify without his parents involvement, given that he meets the poverty guidelines for 2013?

I don't quite understand why he still needs a joint sponsor. It doesn't really matter what he made in the past, does it? Only that he makes enough now.

Correct me if I'm wrong, of course.

 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

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ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

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Posted

Given that some people seem to qualify to be the sole sponsor with only paystubs as proof of earnings, wouldn't OP's husband qualify without his parents involvement, given that he meets the poverty guidelines for 2013?

I don't quite understand why he still needs a joint sponsor. It doesn't really matter what he made in the past, does it? Only that he makes enough now.

Correct me if I'm wrong, of course.

You are correct, they will go off of his latest taxes (2013) and pay stubs of current income.

OP, get husband to file his taxes pronto (married filing separately or jointly), do his I-864 and provide proof of current income (paystubs/letter from employer). Given that you're not at NVC yet, chances are high that you will be asked for his 2013 taxes come interview time.

ROC 2009
Naturalization 2010

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Given that some people seem to qualify to be the sole sponsor with only paystubs as proof of earnings, wouldn't OP's husband qualify without his parents involvement, given that he meets the poverty guidelines for 2013?

I don't quite understand why he still needs a joint sponsor. It doesn't really matter what he made in the past, does it? Only that he makes enough now.

Correct me if I'm wrong, of course.

Yes, if his current annual income meets the requirement for his household size, then he should not need a joint sponsor. He would just need to provide the documentation to prove his current income is enough.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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

Thanks for the above repliessmile.png I think it's better to find a joint sponsor for me. As my husband is still a student and he's just doing his internship in a company, I'm afraid the Visa officer don't think my husband has a stable job although his salary of 2012,2013 meet the poverty guideline , so that's why I asked his father as my joint sponsor.

I have one more question. Do my husband and his father need to write an affidavit of support letter? And should this letter be notarized by notary public in the state where he lives?

 
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