Is my wife required to file I-864A if we will be having a joint sponsor? IR5 visa

[al123456 0]

Hey all, I tried googling these questions but couldn't find one that was exactly like our situation and we are very confused. Sorry in advance if it is repetitive...

 

I am petitioning my parents, their petitions have been approved and are at NVC. We paid the fees and are filling out form I-864 Affidavit of Support. I read that if your income is not high enough then your spouse can fill out I-864A to put you over the minimum income.

 

However I didn't find much info regarding if she must still fill out this form if we are going to have a joint sponsor. Our current income is technically 0, since we've researched and found that student loans do not count as income, which is what we are living off of right now and will be for the near future. So even if she filed I-864A, it doesn't push us over the limit and we would still need a joint sponsor.

 

My joint sponsor will be my brother who makes close to 6 figures so he has no issues qualifying. He couldn't be the main sponsor unfortunately because he is still lpr and has some time before applying to become USC, and my parents did not want to wait. And USCIS website says lpr can't sponsor parents https://www.uscis.gov/family/family-of-us-citizens/bringing-parents-to-live-in-the-united-states-as-permanent-residents#:~:text=To petition for your parents,permanently in the United States.

 

Also my wife and I filed taxes jointly last year so the AGI line on IRS form 1040EZ has both of our incomes combined. Is she required to file I-864A solely due to this fact anyway?

 

Speaking of this, would we upload the entire 20 pages of the tax return? Or just the page with the 1040EZ form?

 

Thank you

[Villanelle 4,122]

You are required as the primary sponsor to do the 864. Your spouse is not required to do the 864a however some Officers will ask for it to ensure the spouse knows of the obligation being undertaken by the other spouse. If your income is not enough and hers is also very little and not enough the Officer may not want the 864a from her. If possible you should send the 864a to avoid any delays because they can ask for it even when theres no point in them having it... If your brother is married he should send an 864a from his spouse as well. Even if his income alone is enough they may still want the 864a from his spouse as well.

 

Also its a bit strange to say you have 1040ez tax filings that are 20 pages? I believe the 1040EZ was only used up to 2017- for 2018 and on you wouldve filed the 1040 since the 1040 EZ was discontinued. The EZ form was for 'simple' filings so its odd for it to be 20 pages but IDK.  Regardless you either need to send a complete copy of your tax return- which means the 1040 forms + all supporting forms. Everyones taxes are different so supporting forms includes any schedules or worksheets you filled out as well as all W2s, 1099s, or anything else you used in preparing your taxes. OR you can send the tax transcript. You can get your tax transcripts from the IRS. The transcript shows everything you entered or included with your tax return.