is i864a mandatory if we are getting getting my joint sponsor to fill i864 for me ? (merged threads)

[markwebb 5]

My brother is going to be my joint sponsor to file get visa for my wife with DCF process. 

 

Is it mandatory to file i-864a as well if his wife is also earning ? does he need to declare that complete household income on the i864 form or just his income per annum 

[debbiedoo 2,339]

if your brother and his wife file taxes jointly then yes, she will need to sign the 864 a. it is their household income and it all counts. he cant do it without her.

Edited December 11, 2019 by debbiedoo

[markwebb 5]

Clarifying my original question: 

 

My brother's income is well beyond the federal poverty line and we're planning to use only his income for the 2nd phase of DCF process i.e i-130 got approved already.

Just need to check with people in same situations if the officers ask for i-864a if the joint sponsor files his taxes "Married Jointly" . We DO NOT need his wife's income to qualify him as a joint sponsor but do we need a i-864a in this case ? 

 

I read in some earlier posts that  the officer might need to see that the household person is aware of the legal obligations of i864. 

[Just Paul 4,591]

Your brother's wife will need to do the I-864a. If they file Joint = Yes.  If they live in the same Household =Yes. If they live in a community property state= Yes. Make sure you have the tax transcripts.

 

If you do not submit it then the CO will issue you a 221(g) and as a DCF they may require you to bring it in later rather than submit it by email or dropbox. 

 

DCF isn't processed like other spousal visas.  It is best to be over prepared and get it done on the first interview.  COs do not see many of these and you don't want any issues.

 

File in you timeline and consulate so we can see your info rather than having to research your posts.  Fortunately you are London so the wait isn't that bad.

[markwebb 5]

@Paul & Mary   do I include my brother's wife's W2's as well  along with the transcripts ?

[markwebb 5]

My brother's is going to be the joint sponsor and his income is well beyond the federal poverty line and we're planning to use only his income for the 2nd phase of DCF process i.e i-130 got approved already.

Just need to check with people in same situations if the officers ask for i-864a if the joint sponsor files his taxes "Married Jointly" . We DO NOT need his wife's income to qualify him as a joint sponsor but do we need a i-864a in this case ? 

 

Reasons I feel that we don't need a i 864a :

 

1. In the first page of I-864A, following is stated. "Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements." This sounds like we don't need to fill out I-864A.

 

2. To support his individual income, we do plan to send evidences such as his W2s , tax transcripts and employment verification letter. So even if the numbers do not match up, the evidence will match the income numbers in I-864.

 

Some members have suggested spouse do not need to file I-864a as it is only used if the petitioner does not meet income criteria. Another member has said that some consulate prefers spouse fill it out so the spouse understands the obligation taken by the petitioner, otherwise consulate may issue 221g at later time. I certainly don't want to risk delaying process in any way. I hope I can find responses to make good decision.

[geowrian 22,336]

It is not strictly required but often requested. 

[markwebb 5]

Can I please get some more insights 

[arken 4,197]

Though not required in cases like yours, some embassies want to see i864a from the spouse of the joint sponsor probably to confirm everyone is in agreement for the stated sponsorship. I guess this is to avoid scenarios where one spouse is sponsoring someone in secret and is forced to pull out of it by the partner. 

[Just Paul 4,591]

If you are DCF these do not go to NVC.  You take them to the interview.

 

You will want to have the wife's I-864a especially if they file taxes together.  Consulate officers don't do many of there, they follow checklists.  Do you want to risk a 221(g).

[Silove 0]

On 1/23/2020 at 12:42 AM, Paul & Mary said:

Your brother's wife will need to do the I-864a. If they file Joint = Yes.  If they live in the same Household =Yes. If they live in a community property state= Yes. Make sure you have the tax transcripts.

 

If you do not submit it then the CO will issue you a 221(g) and as a DCF they may require you to bring it in later rather than submit it by email or dropbox. 

 

DCF isn't processed like other spousal visas.  It is best to be over prepared and get it done on the first interview.  COs do not see many of these and you don't want any issues.

 

File in you timeline and consulate so we can see your info rather than having to research your posts.  Fortunately you are London so the wait isn't that bad.

I'm in a similar situation where I'm having my parents help me co-sponsor. Do they both need to fill out an I-184a or just one and I include the other on my own I-184? 

[Just Paul 4,591]

20 minutes ago, Silove said:

I'm in a similar situation where I'm having my parents help me co-sponsor. Do they both need to fill out an I-184a or just one and I include the other on my own I-184? 

You fill out an I-864 and your sponsor fills out an I-864 and their spouse fills out an I-864a

[markwebb 5]

6 hours ago, Silove said:

I'm in a similar situation where I'm having my parents help me co-sponsor. Do they both need to fill out an I-184a or just one and I include the other on my own I-184? 

We're submitting i-864a coz my joint sponsor files his taxes "married jointly "

[markwebb 5]

On 2/1/2020 at 2:29 PM, Paul & Mary said:

If you are DCF these do not go to NVC.  You take them to the interview.

 

You will want to have the wife's I-864a especially if they file taxes together.  Consulate officers don't do many of there, they follow checklists.  Do you want to risk a 221(g).

Thanks we're taking i864a

[Ryan H 3,791]

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