I-864 sponsorship by my father in law

[Lolo123 0]

Hi guys,

I've been looking the answer in the forums but haven't found it yet. Might just not be looking in the right place.

My husband is a PR in Canada and we're both living up here so he has no income from the US. I'd like to use my father in law as my sponsor. Both he and my mother in law file their taxes jointly.

My question is: Does my father in law just complete the i-864 and my mother in law the i-864a as co sponsor or does my husband have to do a i-864 as a joint with zero income as he is the petitioner.

Also, with regards to proof of domicile, we plan on living with my in laws for a short time - would a letter from my in laws confirming this help? My husband is going to get his drivers license when he goes down next because he's moving before and

i know that will help.

Any advise would be more than appreciated.

[NikLR 13,227]

Your husband completes an I-864 as the petitioner using his relevant tax returns (he has to file a tax return no matter where he lives in the world if he makes over the threshold to file.) Then your FIL also does an I-864 as the joint sponsor and your MIL does an I-864a as his household member.

Yes signing a lease oe rental agreement with your inlaws will help. Your husband being moved down before the interview would be the most helpful. You would take a new I-864 from him to interview with his new address.

[Lolo123 0]

thanks NLR,

With regards to my husband, his last 3 years taxes in Canada have basically been zero because he's made below 15k 1 year and was on disability for 2 years so have filed Canadian taxes but when i went to file US taxes, was told i didnt have to. Should I just state that on his i-864 and include his Cdn tax returns?

thanks for your help.

[newacct 688]

thanks NLR,

With regards to my husband, his last 3 years taxes in Canada have basically been zero because he's made below 15k 1 year and was on disability for 2 years so have filed Canadian taxes but when i went to file US taxes, was told i didnt have to. Should I just state that on his i-864 and include his Cdn tax returns?

thanks for your help.

No. As a US citizen, he has the same tax filing requirements no matter where he lives. The only legitimate reason for him to not file US taxes is if his income that year was below the threshold where he had to file. Exactly what are the conditions in which he has to file can be found at a section at the beginning of each tax year's Form 1040 instructions, called "Do You Have To File?". If he doesn't have to file because his income was below the threshold, then (per the I-864 instructions) he attaches a statement stating so. If he had to file but he didn't, then he has to go back and file now. His Canadian tax returns have nothing to do with whether he has to file US tax returns or not.

[famictech2000 2]

thanks NLR,

With regards to my husband, his last 3 years taxes in Canada have basically been zero because he's made below 15k 1 year and was on disability for 2 years so have filed Canadian taxes but when i went to file US taxes, was told i didnt have to. Should I just state that on his i-864 and include his Cdn tax returns?

thanks for your help.

You better hope that their combined gross income can cover for at least 4 dependents; more if anyone else is living at their residence...

[NikLR 13,227]

You better hope that their combined gross income can cover for at least 4 dependents; more if anyone else is living at their residence...

They don't need 4. They need 3.

The beneficiary, the joint sponsor, the joint sponsor household member.

Unless the son is claimed as a dependent on their taxes, which sounds unlikely since he doesn't live with them, at which case then it would be 4.

[Lolo123 0]

thanks NLR,

My husbands past taxes are now done and sent in.

I am in the process of completing all the forms just wanted to make sure I had the correct ones. I appreciate your guidance.