i-864a and i-864 (Joint Sponsor Confusion)

[hilton581 0]

Hello,

 

My apologies if a questions similar to this has been posted elsewhere (couldn't find one after a quick check).

 

I'm partway through my application and have arrived at the i-864 and i-864a. My (US Citizen) wife is my sponsor but due to her recent employment history (volunteering overseas after completing a Masters degree) will not meet the income threshold to show that she can support me when I move to the US. Therfore, her brother has agreed to act as a Joint Sponsor for us and he will meet the income threshold comfortably. However, I do have some points i'm a little unsure and would appreciate some clarity from those who may have gone through something similar:

 

(1) My brother-in-law will be my Joint Sponsor. My understanding is that he will complete i-864a which will outline some of his financial details; am I right in thinking he doesn't need to fill out any other documentation? Of course, he will be providing the various Tax Return documentation.

 

I think that's the main question for now.

 

Many thanks!

[Crazy Cat 39,375]

I-864a is only for members of the same household as the primary sponsor, I believe....Or, even if not living in the same house, a relative or other person whom the sponsor has lawfully claimed as a dependent on his or her most recent federal return can sign Form I-864a. Otherwise, both the primary and joint sponsors will complete an I-864 & will supply supporting documents.

@geowrian

Edited February 4, 2019 by missileman

[geowrian 22,336]

Unless he meets one of the criteria noted below to qualify as a household member, then he must complete an I-864 (as a joint sponsor) instead of the I-864A (as a household member).

 

https://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf

"Who May Be Considered a Household Member for Purposes of Form I-864A?

For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member if at least 18 years of age:

1.The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the sponsor’s ability to support the intending immigrant’s spouse or children;

2.The spouse, parent, child, adult son or daughter, or sibling relative of the sponsor, if that relative has the same principal residence as the sponsor; or

3.Any other individual whom the sponsor has lawfully claimed as a dependent on the sponsor’s most recent Federal income tax return even if that person does not live at the same residence as the sponsor. If more than one individual agrees to help support the sponsored immigrant, each individual must sign a separate Form I-864A. "

 

None of the above automatically qualifies an in-law, but doesn't exclude it either.

Edited February 4, 2019 by geowrian

[geowrian 22,336]

1 hour ago, hilton581 said:

am I right in thinking he doesn't need to fill out any other documentation? Of course, he will be providing the various Tax Return documentation. 

Evidence of current income is required as well.

If self-employed, the tax return is the evidence of current income. Otherwise, pay stubs and/or an employment letter is evidence of current income.

[hilton581 0]

Hi there,

 

Many thanks for the replies. You've actually raised part of the confusion we've had. We have currently elected to list the brother-in-law as part of the household despite not physically doing so. His address is my wife's mailing address while she is out of the US this year. My initial feeling was to have him complete an i-864 in addition to the i-864a but after reading over the notes a few times - for whatever reason - I changed my mind and got the impression that maybe the i-864a was enough for him to complete.

 

However reading both response so far it seems that we may simply have my wife (sponsor) and brother-in-law (Joint Sponsor) complete the i-864 alone. In which case, would they complete one form each or do one jointly? I had assumed the former but just double checking.

 

Many thanks for your time.

[geowrian 22,336]

8 minutes ago, hilton581 said:

Many thanks for the replies. You've actually raised part of the confusion we've had. We have currently elected to list the brother-in-law as part of the household despite not physically doing so. His address is my wife's mailing address while she is out of the US this year. My initial feeling was to have him complete an i-864 in addition to the i-864a but after reading over the notes a few times - for whatever reason - I changed my mind and got the impression that maybe the i-864a was enough for him to complete.

There's no election. Either he lives in the same residence as the sponsor or doesn't. A mailing address is not the same as actually living in the same residence as her (as of the time the I-864 is filed).

 

Quote

However reading both response so far it seems that we may simply have my wife (sponsor) and brother-in-law (Joint Sponsor) complete the i-864 alone. In which case, would they complete one form each or do one jointly? I had assumed the former but just double checking.

That sounds like the correct action based on the stated circumstances.

Your wife would complete an I-864.

The joint sponsor would complete their own I-864 as a joint sponsor (this is an option on page 1 of the I-864).

Edited February 4, 2019 by geowrian

[Crazy Cat 39,375]

9 minutes ago, hilton581 said:

Hi there,

 

Many thanks for the replies. You've actually raised part of the confusion we've had. We have currently elected to list the brother-in-law as part of the household despite not physically doing so. His address is my wife's mailing address while she is out of the US this year. My initial feeling was to have him complete an i-864 in addition to the i-864a but after reading over the notes a few times - for whatever reason - I changed my mind and got the impression that maybe the i-864a was enough for him to complete.

 

However reading both response so far it seems that we may simply have my wife (sponsor) and brother-in-law (Joint Sponsor) complete the i-864 alone. In which case, would they complete one form each or do one jointly? I had assumed the former but just double checking.

 

Many thanks for your time.

Each would submit an independent I-864....with its own supporting documents.

One for the primary sponsor

One for the joint sponsor

Edited February 4, 2019 by missileman

[Wuozopo 4,285]

2 hours ago, hilton581 said:

1) My brother-in-law will be my Joint Sponsor. My understanding is that he will complete i-864a which will outline some of his financial details; am I right in thinking he doesn't need to fill out any other documentation? Of course, he will be providing the various Tax Return documentation.

It is the I-864 for the wife with her latest tax return PLUS W2 or an IRS transcript without W2 or a statement why she was not required to file (example: no income). Her household size is 2 unless she has children. Her brother is not part of her financial household. 

 

And I-864 for brother with the tax info as above. His pay stubs or employer letter are optional.  And as the joint sponsor, he needs to prove he is a US citizen (or permanent resident). A photocopy of his birth certificate or passport ID page covers that. Your wife (primary sponsor) has already proven she is an American. 

 

All of this is explained in the instructions for the form. 

[hilton581 0]

11 hours ago, Wuozopo said:

All of this is explained in the instructions for the form. 

Noted, but it's not necessary to be patronising. I have read, read, and re-read all instructions and connected ducumentation and arrived at slightly differing conclusions each time; hence, posting here.

 

Many thanks for all the answers so far - this has helped a great deal and this will help us some of the mistakes we may have made. The suggestions made make total sense so we'll apply these.

 

Thank you.

[Wuozopo 4,285]

34 minutes ago, hilton581 said:

Noted, but it's not necessary to be patronising. I have read, read, and re-read all instructions and connected ducumentation and arrived at slightly differing conclusions each time; hence, posting here.

That was not my intention. Many people choose to poll the forums and not get the info from the source. It was just a referral to review the details from the instructions to make sure you were given valid information. Some of the replies are conflicting.

[CATT77 0]

Hello,

 

I just want to add on a question to this thread as I am the wife/sponsor. It says that I need to submit my latest tax return, but I have heard from others that it is advisable to submit tax returns for the last three years. Does anyone have any input as to whether this makes a difference--1 tax return versus last 3 years' worth? Same question for tax returns for my brother (co-sponsor)? Should he submit just his latest tax return or last three years' worth? Many thanks for any thoughts on this!

[Wuozopo 4,285]

3 minutes ago, CATT77 said:

Hello,

 

I just want to add on a question to this thread as I am the wife/sponsor. It says that I need to submit my latest tax return, but I have heard from others that it is advisable to submit tax returns for the last three years. Does anyone have any input as to whether this makes a difference--1 tax return versus last 3 years' worth? Same question for tax returns for my brother (co-sponsor)? Should he submit just his latest tax return or last three years' worth? Many thanks for any thoughts on this!

 

If you are using a joint sponsor, his submission of income is more important than yours. No need for you to over-prove you don't qualify. Your requirement is the one latest complete tax return or one transcript.

 

His requirement is proof of being a US citizen or permanent resident and one tax return (or transcript). If you think additional returns help the cause, then use three. He will list his total income for three years on the form, so they will know the amounts anyway. I think supplementing with an employer letter and pay stubs is probably more significant than two extra tax returns unless his latest was weak and he had two super-duper years before that he wants to show off. 

[CATT77 0]

Thank you for your reply! This is really helpful. How many pay stubs would you recommend he submit?

[Wuozopo 4,285]

1 minute ago, CATT77 said:

Thank you for your reply! This is really helpful. How many pay stubs would you recommend he submit?

From the I864 form instructions page 8:

 

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income. 

[CATT77 0]

8 minutes ago, Wuozopo said:

From the I864 form instructions page 8:

 

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income. 

Thank you