i864 questions -- household size, years of tax returns, evidence

[bigGlasses 0]

Hi all, I'm filing for IR-1 through London (DCF). I130 just in post/mail so working on understanding what I need for next stage.

 

My husband is not able to financially sponsor me so my mother-in-law has agreed to be a joint sponsor. I need some help making sure I advise her how to get 'household size' correct on the form. This is our situation:

 

MIL (working) lives with her husband (my father-in-law, retired) and their adult son (my brother in law, working). Additionally, on i130 we indicated that my husband and I would be living with them when we enter the USA. We have no kids.

 

From what I understand but want to double-check, her two adult children do not count toward her family size, even though one of them lives with her, and the other (my husband) may be living with her when I have my interview, unless she claims them as such on her taxes. Therefore, assuming BIL is not a dependant on her taxes, her family size is 3 (her, me, and father in law). This means that working BIL does not have to be mentioned at all on i864 and does not have to file an i864a. Is this right?

 

If he is a dependant on her taxes, her family size is 4, right? In this case, must we get BIL to fill out an i864a? MIL would be able to show income of over 125% of poverty line for 4, so can BIL skip i864a?

 

My husband's family size on his i864 is 2, regardless of where we intend to live or do live in the US, right?

 

3 years tax returns vs 1 year tax returns for both husband and MIL -- what's the benefit of providing 3 years? I'm sure we could get 3 years if we had to, is there any benefit?

 

Other evidence -- what should I be including to prove MIL's income? I know proof of employment is necessary but I just want to make sure I'm really clear with her to get the right thing. Should this be a letter from her employer, and is that enough?

[Wuozopo 4,293]

Husband's household size is 2.

i-864 and one tax return

 

MIL household is 3 (or 4 if BIL is on her 2017 tax return)

I-864 from her

proof she is a US citizen 

one tax return transcript 

employment letter or 6 months pay stubs (optional but not a bad idea)

her form will list FIL as Household person 1 and his income (pension? Social Security? even $0) etc to make up a total household income. 

 

FIL I-864a (maybe)

This is strictly because the tax return lumps all their income so his way of signing off that he's on board with the support too. Read the I864a instructions on what to include.

 

Actually if MIL clearly shows her separate income alone is sufficient by using an employer letter and pay stubs, then she really wouldn't need to get FIL to do an I-I-864a. But people tend to do that I-864a because NVC reviewers can't seem to figure out the proof of separate income and send RFEs. Since you are DCF and NVC won't be reviewing your I-864s, I think London will be fine if they get I-864 from MIL, her employer letter /pay stubs to show she qualifies by herself, no listing of FIL's income as Person 1, and no I-864a. London is not that difficult plus you will be there to say "this shows she makes enough by herself and needs nothing from FIL".

 

Nothing from BIL under any scenario.

[bigGlasses 0]

Thanks, this is very helpful.

 

I had actually not thought about FIL doing an I-864a at all. I had totally forgotten about how in the US married couples are (can be) taxed as one entity. Does this depend on whether they file as "married filing separately" or "married filing jointly"? If they file separately she will have a separate tax return and everything will be clear anyway?

[Wuozopo 4,293]

53 minutes ago, bigGlasses said:

Thanks, this is very helpful.

 

I had actually not thought about FIL doing an I-864a at all. I had totally forgotten about how in the US married couples are (can be) taxed as one entity. Does this depend on whether they file as "married filing separately" or "married filing jointly"? If they file separately she will have a separate tax return and everything will be clear anyway?

 

If they filed Jointly, then it shows 'Total Income' as the one entity. That would not be sufficient to show Mom qualifies all by herself. BUT by providing the optional proofs like employer letter or pay stubs, she can prove it's ok to allow her sponsorship because she qualifies on her salary alone. The big problem is more at the NVC as I mentioned earlier. I don't think the interviewer at London will give it a second thought because you will bring something that shows her separate income.

 

If Mom filed a Married Filing Separately tax return, then the only proof required would be a tax return because the 'Total Income' line would all be her income.

 

Most couple file jointly because it works out cheaper than two separate filings.

 

Here's the concept behind the I-864a. It's not about if you or wife or BIL happen to live in the parents house.

A sponsor generally must qualify all by themselves, but there is one exception. 

Example: An American wife in the US fell short of the income threshold because she makes only $15,000. Her sister who shares a flat with her doesn't qualify to joint sponsor because she only makes $15,000.

 

BUT....They qualify for pooling their income because a) they are related and b) they live at the same address. Wifey does an I-864 and lists Sis as Person 1who will contribute to the pot. Thus total household income is $30,000 and meets the threshold. Sis will have to do an I-864a to basically sign off that she is ok with Wifey pledging her income as support. 

 

Since your MIL doesn't really need to pool her income with Dad or son, there is no need to add on their incomes or I-864a. She just has to prove on paper that she qualifies all on her own.

[pushbrk 12,978]

The issue is not whether the tax return separates their income.  The real reason it is best practice to have an I-864a from a joint filing spouse is be assure they are equally obligated as sponsors.

[Wuozopo 4,293]

3 hours ago, pushbrk said:

The issue is not whether the tax return separates their income.  The real reason it is best practice to have an I-864a from a joint filing spouse is be assure they are equally obligated as sponsors.

Are you saying the wife who earns a bunch can't decide for herself to be an outright sponsor? Well no, you didn't, but said it's "best practice". My wife would say bollocks to that.

[pushbrk 12,978]

7 minutes ago, Wuozopo said:

Are you saying the wife who earns a bunch can't decide for herself to be an outright sponsor? Well no, you didn't, but said it's "best practice". My wife would say bollocks to that.

What will your wife say when a Consular Officer refuses the visa until the I-864a from the joint filing spouse of joint sponsor provides an I-864a?  (Very likely, which is WHY it is best practice)  The more detailed reason is contained in the actual contract portion of the affidavit.  The issue is not one of being able make a choice on one's own.  The issue is that for a married couple, this contract can be a HUGE financial burden if they actually have to pay the government back or even directly support the immigrant.  The burden effects the mutual finances of the couple.  As such Consular Officers are within their guidelines to assure both husband and wife are on board and on contract.  The USUALLY do insist.

 

When they do and it's not there, even if it is provided promptly upon request, the visa gets delayed a month or more as a result.  Caveat Emptor

 

Frankly, I'm sure she would still say BOLLOCKS, (I would in an American phrase) but the issue is will the I-864a be provided anyway.  If yes, then you understand why it is best practice to provide it up front.

Edited April 15, 2018 by pushbrk

[TBoneTX 45,536]

A hijack post has been removed, along with a response.  That poster should start a new thread with enough information so that people can reply.

[Wuozopo 4,293]

I appreciate your thoughts Pushbrk but I just don't think London would expect it. There are many interviews where not one single word is even mentioned about the Affidavit of Support. 

[pushbrk 12,978]

1 minute ago, Wuozopo said:

I appreciate your thoughts Pushbrk but I just don't think London would expect it. There are many interviews where not one single word is even mentioned about the Affidavit of Support. 

The affidavit of support has already been evaluated prior to the interview.  If all is in order, there is no reason to mention it, in London or anywhere else.  If you are talking about a joint sponsor situation, I would be prepared for a request for an I-864a from any joint sponsor's spouse.