Question about Affidavit of Support

[Petrus 1]

Hi everyone

 

I have a question concerning the info pack sent to the NVC, we are in the process of gathering documents. 

 

My spouse made just under the financial required amount, so what documents specifically do we attach of my sponsor (brother in law) and then my spouse? I am very confused. Does my spouse not even provide his financial information? Should I have mentioned our brother in law as being the Affidavit of Support in previous docs? I am very confused.

 

Many thanks

 

[geowrian 22,338]

The primary sponsor (your spouse) still needs to send in an I-864 + supporting documents. The joint sponsor also needs to complete an I-864 and provide supporting documents of their income (or assets, if needed).

 

No, there's no need to mention that beforehand (nor anywhere in the forms to do so).

[pushbrk 13,250]

10 hours ago, geowrian said:

The primary sponsor (your spouse) still needs to send in an I-864 + supporting documents. The joint sponsor also needs to complete an I-864 and provide supporting documents of their income (or assets, if needed).

 

No, there's no need to mention that beforehand (nor anywhere in the forms to do so).

Correct but the OP mentioned the spouse "made" under the required amount.  Qualification is not based on the past but rather the current income.  If the current income (what they will make in the next 12 months at their current rate of pay) is sufficient, there is no need for a joint sponsor.

 

Start by becoming an A student of the I-864 instructions.  If the petitioner's employment income is sufficient, use the I-864EZ

[geowrian 22,338]

5 hours ago, pushbrk said:

Correct but the OP mentioned the spouse "made" under the required amount.  Qualification is not based on the past but rather the current income.  If the current income (what they will make in the next 12 months at their current rate of pay) is sufficient, there is no need for a joint sponsor.

True...that sounded implied to me, but I guess is worth asking directly.

[Petrus 1]

My spouse's yearly income is not a salary, but they get paid for services that are sometimes in high demand and sometimes aren't. It's looking like they will make the required amount this year as they are earning much more than last, but there's no salary/guarantee. Does anyone have any advice?

 

[NikLR 13,232]

So he is self employed, a free lance or contractor?  Does he file an 1099 or does he receive a W2 from an employer?

[Petrus 1]

8 minutes ago, NikLR said:

So he is self employed, a free lance or contractor?  Does he file an 1099 or does he receive a W2 from an employer?

He is a a 1099 contractor, is there a specific guide we need to follow for this?

 

Thank you so much for your reply by the way.

[NikLR 13,232]

Because he is self employed, they use his previous years tax return for the I-864 poverty guidelines.  

 

If he did not make above the poverty guidelines last year when he filed, and you don't want to wait for him to file next year (understandably) then he will need a joint sponsor. 

 

So:

Your spouse will sign a completed I-864 and submit his financial documents

His joint sponsor will sign a completed I-864 and submit their financial documents and proof they are a USC or LPR 

If the joint sponsor is married and files a joint return, their spouse should sign a completed I-864a and provide proof of USC or LPR status as well. 

 

Your spouse, the petitioner, is ALWAYS the primary sponsor.