Joint Sponsor is Married (filed Jointly)--Need clarification

[Ashhh 17]

I'm the petitioner/primary sponsor for my husband, and my brother has volunteered to act as a joint sponsor. My brother is married and filed jointly last year with his wife, but he makes well above 125% poverty level for their household size without her income. Does she still need to complete an i-864A? Because they filed jointly, the 2017 adjusted gross income that will go on his i-864 will include her income from that year as well regardless. She is willing to have her income included and complete an i-864A, but I'm just wondering if it's necessary. If she doesn't need to include her income on an i-864A, is providing my brother's W2s and pay stubs enough to indicate his individual income?

 

Thanks in advance for any help you can provide!

[pushbrk 12,979]

The best practice for joint tax filing joint sponsors is to provide an I-864 from one and an I-864a from the other.  While this is not a literal requirement, a Consular Officer can ask for it, making it an "actual requirement".  Avoid delays by submitting both.

[Ashhh 17]

Just now, pushbrk said:

The best practice for joint tax filing joint sponsors is to provide an I-864 from one and an I-864a from the other.  While this is not a literal requirement, a Consular Officer can ask for it, making it an "actual requirement".  Avoid delays by submitting both.

Got it. Will have her do the i-864A. Thank you!

[geowrian 22,337]

^ Listen to the above....it's wise advise.

[pushbrk 12,979]

An "extra" for the "reader".  Sometimes we see cases where the joint filing spouse does not want to provide an I-864 for whatever reason.  Consular Officers do not like this.  If the spouse is not willing to sign the contract and become obligated, it calls into question the commitment of the other spouse who does.

[EMMO 2]

Hi All,

 

Just an add on question to the above - 

 

My Father in Law will be our joint sponsor(i864). He files taxes jointly with my Mother in Law, who gets a pension. (will provide the i864A for her)

 

He is self-employed, so I will use Line 22 of their 1040 as the, current income. This amount I m guessing is a combined income of both their earnings.

 

@pushbrk - you had mentioned in an earlier post sometime back about a formula/way to calculate just the joint sponsors income, if filing jointly. 

Or is that not required?

 

I had saved the post but have an issue and cant find it on my laptop.

 

Thanks, appreciate it.

 

EmMo

[pushbrk 12,979]

When a joint sponsor couple filing taxes jointly consist of one self employed and one employed person, their "current income" comes from two separate places and often does not match any line on any tax return.

 

The self employed spouse in this case will state current income as their profit and loss from business, and the employed spouse will use a current pay stub.  A thousand a week gross is $52,000 a year, etc.  Note that sometimes the self employed person has a loss, not a profit, so their income would be negative.

 

For both forms, line 22 is used in the tax section.  The figures entered in the tax section, in this case, have no connection to "current income".

[EMMO 2]

Thanks@ pushbrk, appreciate it. The mrs and I will  go through the tax returns, my in laws have provided and check  based on the above point. If things are further unclear, will post for your help again.

 

Have a good day.

 

Cheers

EmMo