Jump to content
lemik

Please help: I-864 with a co sponsor whom is sponsoring us independently from wife

5 posts in this topic

Recommended Posts

Hi. I googled and google for answers and haven't came close to what I was looking for. It is late, so tomorrow, I'll try to call USCIS, but I have a feeling they will be of no help.

My dad is a co sponsor. He alone makes enough to sponsor my husband without needing to supplement his income with my mom. So there is really no need for an I-864A. My father did file his taxes with my mother, so when we get to part 6: 13a (The tax years), how do I fill in the blanks? If I look on the 1040, it uses both their income on the "line 22". Do I use the "22 line" (both their incomes) for question 13a since I have already establish what he makes by an employment letter, w2s, and 6 pay stubs? Or do I put his adjusted gross from his W2s on questions 13a through 13c?

I honestly do not want to fill out I-864A for my mother, because she does not get any pay stubs. They are direct deposits, and her hours are not constant; plus she has a new job this year, so I can't look back on her old w2 form.

Share this post


Link to post
Share on other sites

If the joint sponsor meets the requirement on their own for their household size plus the immigrant being sponsored, then their spouse does not have to provide an I-864A. They file jointly, and he will list what it asks for, Total Income, line 22 of his last 3 joint returns. He submits the most recent IRS joint tax transcript, plus his W-2 to show his individual income. It states this in the I-864 instructions. Read through them carefully for details and requirements of a joint sponsor.

He will list his current annual income, as in how much he earns in an entire year's time span. He provides letter from employer and most recent 6 months of pay stubs to prove that current income amount.

It is possible that the USCIS could ask for the I-864A from the mom in an RFE, but if his individual income is documented well enough(with the documentation I mentioned above), then they should not need the optional I-864A from her.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites

On part 6: it asks for the family's income and their relationship to the co sponsor/ what they bring in. Do I need to fill that one out to explain the total income of the house hold for question 13a or not mention her at all? But thank you for your help.

Share this post


Link to post
Share on other sites

If she is not filling out an I-864A, then she is not listed and her income is not combined with his. His current individual income and his household income will be the same.

The section for income and the section for tax information are two separate things.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×