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I-864 Joint Sponsor, filed married jointly??

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Hello everyone!

 

I'll keep this short and quick. So, my wife does not make over 125% of the federal poverty guidelines to support me and as of such, my aunt (a US Citizen) wants to sponsor me. She alone makes 175,000 a year, and combined with her husband's income, makes around 210,000 in household income. Her income alone should be able to cover her household plus myself. That said, her husband and I are not on good terms and as a result, will not want his income included in my aid, meaning no I-864A. Is there any wait my aunt can use her own individual income, even if she filed married jointly in 2017? I have a Tax Return 1040 for her married joint filing, showing her household income, but I also have a copy of her W2 from that year showing how much she made on her own. Can I use her W2 to have her be my sole joint sponsor?

 

If so, on I-864, does she put her W2 income in "My Annual Individual Income is:..." ? Do I put her household income or individual income in Part 6. n20. ?

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Is it technically possible? Yes. However, usually they want to see an I-864A from the joint sponsor's spouse when taxes are filed jointly. It's basically marital income/assets being used.

 

Her individual annual income is what she currently makes in a 12 month period (i.e. a typical paycheck * # of working pay periods per year).

Where it asks for the tax return information for the past 3 years, she copies what is on her tax returns exactly (which yes, includes the joint income).

As evidence of her individual income (past and present), she should provide the W-2s with her tax return copy, pay stubs, and an employment letter.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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