AOS Joint Sponsor's Deceased Spouse

[theresaL 408]

We are in the process of preparing the paper work for AOS from K-1 visa and I have a question about whether or not I need to include my dad's death certificate or not. My mom is acting as my husbands Joint Sponsor for I-864 and my dad is listed on her 2015 tax return with a notation that he is deceased. He died in early 2015 do I need to include a copy of his death certificate with her supporting documents for the I-864?

Thanks in advance for the help.

[theresaL 408]

I was hoping to get a response to my post before sending in my husband's AOS packet, but since no one has replied I went ahead and included a copy of the death certificate to keep from receiving and RFI and delaying the processing of our paperwork.

[KayDeeCee 4,893]

Since she is meeting the income requirement on her own, she would just have needed to provide the joint IRS transcript plus her W-2 to show her individual income from the return. That would have been the case if she was meeting the requirement on her own with him still living as well. Don't think the death certificate would be needed, but doesn't hurt that you sent it just in case.