Affidavit of Support with Joint Sponsors!

[Julianni 16]

Please help I am so CONFUSED! 

 

My American husband and I were living abroad when we filed our I-130. He has now moved back to America and recently got a job. I believe he cannot solely sponsor me since he has no proof of income for the past couple years. His parents are willing to sponsor me. They both filled out I-864 forms as joint sponsors, and have their IRS transcripts. My husband will also fill out an I-864 and include a pay stub or similar.

 

Now I am confused though since the parents obviously share a household. Should one of them fill out at I-864A instead? What I mean is my father-in-law and mother-in-law share a residence. I will be moving in to a household that includes my husband, and my brother-in-law. Does my mother-in-law AND/OR my brother-in-law have to fill out an I-864A?

 

I'm so sorry but I'm starting to feel so overwhelmed and frustrated with this process, even though we're nearing the end. I appreciate your time and assistance!

[geowrian 22,339]

Only 1 joint sponsor.

One of them should use the I-864A as a household member of the other (who will be the sole joint sponsor).

 

15 minutes ago, Julianni said:

I believe he cannot solely sponsor me since he has no proof of income for the past couple years.

Incorrect. If he has current employment then he may be able to sponsor you with that income. The CO looks at a totality of the circumstances. For instance, if he was working abroad for years then came to the US and continued working, that is different than somebody who was not working for years then suddenly gets a job in the US.

 

What do you mean he has "no proof of income"? If he was working, wasn't he filing US federal taxes as required (the US passport even says this on it)?

If he was required to file US taxes and did not do so, then that needs to be resolved before he can submit an I-864. This applies even with a joint sponsor since the petitioner is the primary sponsor.

[Julianni 16]

3 minutes ago, geowrian said:

Only 1 joint sponsor.

One of them should use the I-864A as a household member of the other (who will be the sole joint sponsor).

 

Incorrect. If he has current employment then he may be able to sponsor you with that income. The CO looks at a totality of the circumstances. For instance, if he was working abroad for years then came to the US and continued working, that is different than somebody who was not working for years then suddenly gets a job in the US.

 

What do you mean he has "no proof of income"? If he was working, wasn't he filing US federal taxes as required (the US passport even says this on it)?

If he was required to file US taxes and did not do so, then that needs to be resolved before he can submit an I-864. This applies even with a joint sponsor since the petitioner is the primary sponsor.

 

 

Thank you! My husband was not working, I supported us while we lived in my home country (these past 2,5 years).

[geowrian 22,339]

2 minutes ago, Julianni said:

Thank you! My husband was not working, I supported us while we lived in my home country (these past 2,5 years).

Gotcha. So he had no income, not just no evidence of income.

He will probably need a joint sponsor as he falls into that latter part of my example. Not definite, but I would certainly lean towards having one given those circumstances.

He will need to complete the I-864 and note that he did not file for the previous 3 years (it's a checkbox). He needs to provide a reason why he was not required to file - no income/job is sufficient.

[Cristina280390 60]

Hi! I am in a similar situation. My american husband and I were living first in my country and then in Germany where I was completing an MA on a full scholarship that supported the both of us. We filef the petition while still in Germany but by the time they approved it I had already graduated and thus my residency there finished. We just submitted our papers to the NVC and used his dad as a joint sponsor since he is currently looking for a job after having just moved back to the US. Therefore my husband as my petitioner filed the I864 and then his dad as our joint sponsor also completed a I864 for his household of two (him and his wife). However we didn't file the I864A for his mom, we didn't know that was necesary since they both lived of his retirement income and that is well above the 125% of the poverty line. 

 

It is exhausting to constantly explain our lives and marriage to the authorities. We have been married over three years and he became a german resident through me in only one month... but somehow its been almost 10 months and I am still stuck in limbo not fully living anywhere. 

 

I can't tell if that is the correct way (hopefully it will be so I dont get an RFE when they look at my case in about two months from now), but maybe this information can help you somehow! Good luck!

[Ryan H 3,864]

Moved from Progress Reports to Process & Procedures.

[Ryan H 3,864]

***Hijack post removed.***