Joint Sponsor, need to add household member?

[dramahuman 1]

Hi!

 

I know the answer is probably in this forum, but I think I keep searching for the wrong thing so combing through hasn't gotten me anywhere quite yet!

My brother-in-law is the joint sponsor for my husband, we did all the paperwork, but, he files joint taxes with my sister. 

 

My sister makes no income, she had a part time job briefly this year but it doesn't count toward the income needed for my husband as my brother in law's pay suffices.

Do we still need her to fill out an i864a and add her as a household member for the application?

 

Thanks in advance!

[Chancy 6,241]

51 minutes ago, dramahuman said:

Do we still need her to fill out an i864a and add her as a household member for the application?

 

It is not required.  But based on the experience of some VJ members, I highly recommend you ask her to sign an I-864A anyway and have your husband bring it to the interview, in case the consul officer asks for it.  No need to submit to NVC.  But not having the I-864A at the interview if the CO asks will delay the visa process.  Better to have it and not need it.

 

[dramahuman 1]

30 minutes ago, Chancy said:

 

It is not required.  But based on the experience of some VJ members, I highly recommend you ask her to sign an I-864A anyway and have your husband bring it to the interview, in case the consul officer asks for it.  No need to submit to NVC.  But not having the I-864A at the interview if the CO asks will delay the visa process.  Better to have it and not need it.

 

Oh thank you so much! We'll get it filled out and put in the interview folder then! (Thank you so much again)

[Wuozopo 4,293]

5 hours ago, dramahuman said:

Hi!

 

I know the answer is probably in this forum, but I think I keep searching for the wrong thing so combing through hasn't gotten me anywhere quite yet!

My brother-in-law is the joint sponsor for my husband, we did all the paperwork, but, he files joint taxes with my sister. 

 

My sister makes no income, she had a part time job briefly this year but it doesn't count toward the income needed for my husband as my brother in law's pay suffices.

Do we still need her to fill out an i864a and add her as a household member for the application?

 

You do not need an I-864a. I just helped a person with the same question and he was DQed at NVC in only two weeks time with zero questions about his I-864 from a joint sponsor and did not include an I864a for the spouse.
 

The key that I know people miss Is clearly showing the NVC that your brother sponsor earns sufficient separate income to qualify on his own. His tax return won’t show his separate income by itself. You have to add more and point it out. He also should not claim “my current income ...” is anything more than what he has written proof to support, be that an employer letter, or 6 full months of paystubs. He can just go with the amount shown on his 2019 W2 as a safe answer.
 

From the I-864 instructions redacted to what applies to him. My bolding of instructions you need to read

 

Item Numbers 8. - 22. Current Annual Household Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 7. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any other household member’s income. See Form I-864P for information on the Federal Poverty Guidelines.
 

This is how I would present the joint sponsor package 

 

1. Form I-864
2. 2019 Tax return transcript 
3. A paper you type BIG and Bold on the top. PROOF OF SEPARATE INCOME FOR [his full name], JOINT SPONSOR. Then you put it on the copier with his 2019 W2 below that heading. Copy.
4. Do same big bold heading for 6 months pay stubs. PROOF OF SEPARATE INCOME FOR [his full name], JOINT SPONSOR. And put pay stubs copied onto that page. Do another for ones that won’t fit on page. Circle his gross income before taxes or use a yellow highlighter to point it out. My wife highlighted the heck out of every piece of evidence she sent with every application and made headings that pointed out what she wanted them to notice. Connect the dots for them. 
5. Employer letter.(no heading or highlighting because it’s a letter) His name will be mentioned in letter. 
6. Proof of his US citizenship (photocopy of his birth certificate or passport). You can even add bold note to that page PROOF OF US CITIZENSHIP FOR [his full name], JOINT SPONSOR.

Don’t forget you are the main sponsor and must include your 2019 tax transcript in your I-864 package whether your income qualifies or not.

 

Edited January 9, 2021 by Wuozopo