Joint tax returns, and sponsor vs. household member

[indigorunner 1]

Hi, currently filing an I-130, I-864, and I-864A for my Japanese spouse. My father is acting as a joint sponsor for us. I have a few questions regarding the process, though.

 

For the I-864A form, would my father be both the sponsor and household member? For both #5 28 to 31.b it is asking for information about sponsors,  and #6 is asking about the household member. Is the sponsor in this case me, or him? A bit confused as both of us are co-sponsoring.

 

Also, as my father files joint tax returns with my mother, would she have to file a I-864A document as well? Or is his alone sufficient?

 

Thank you for any information you can provide.

[Israth 22]

1. You are a petitioner/sponsor.

2. If you live in the same household and can provide same address, then he is a household member(co-sponsor), not a joint sponsor.

 

I believe, you can also make him a joint sponsor if you wanted to but if you live in the same household, I-864A is the best way to go.

My sister joint sponsor my wife, she filed taxes jointly with her husband, but only her information was needed.

I don't know how it would work in case of household member, you might not need to use your mom information. I'll have someone answer that.

 

[indigorunner 1]

9 minutes ago, Israth said:

1. You are a petitioner/sponsor.

2. If you live in the same household and can provide same address, then he is a household member(co-sponsor), not a joint sponsor.

 

I believe, you can also make him a joint sponsor if you wanted to but if you live in the same household, I-864A is the best way to go.

My sister joint sponsor my wife, she filed taxes jointly with her husband, but only her information was needed.

I don't know how it would work in case of household member, you might not need to use your mom information. I'll have someone answer that.

 

Thanks so much for this. We both live in Japan, but as far as I know my technical address is still at my parents' house. Would this affect "living in the same household"?

[aleful 1,905]

hi

 

your father is going to be your joint sponsor, as you don't live with him now in the US, you have to live in the same household for your father to be a household member

 

 

[Israth 22]

Yes, do a separate I-864. You father will be a joint sponsor. 

Since you live in Japan, you don't have any US income, I assume?

[indigorunner 1]

2 hours ago, Israth said:

Yes, do a separate I-864. You father will be a joint sponsor. 

Since you live in Japan, you don't have any US income, I assume?

Yes, this is correct. So in my case, I would do 2 I-864s, and not 1 I-864 for me and 1 I-864A for him?

Do I mark him as being in the same household? I have not lived in the US for a while now.

[Chancy 6,241]

22 hours ago, indigorunner said:

currently filing an I-130, I-864, and I-864A for my Japanese spouse.

 

If you are doing consular processing, you'll only need to submit the I-864 after the I-130 has been approved.  Unless you have been approved to file directly at the consulate?  If not, I suggest you focus on submitting the I-130/I-130A first, then sort through the financial sponsorship requirements later.

 

22 hours ago, indigorunner said:

Is the sponsor in this case me, or him?

 

As the petitioner, you will always be the primary financial sponsor, even if you have no US income at the moment.  Your father will be the joint sponsor.  You are not in the same household.  After the I-130 is approved, submit 2 I-864 forms -- 1 from you (listing $0 qualifying current income) and 1 from your father.

 

22 hours ago, indigorunner said:

as my father files joint tax returns with my mother, would she have to file a I-864A document as well? Or is his alone sufficient?

 

Technically, an I-864A is not required from your mother if your father's income alone is enough to qualify for sponsorship.  But the consul officer may ask anyway for an I-864A signed by your mother.  It's up to you if you want to proactively submit an I-864A from your mother, or wait if the CO will ask for it at the visa interview.

 

[pushbrk 12,968]

On 6/18/2021 at 2:10 PM, aleful said:

hi

 

your father is going to be your joint sponsor, as you don't live with him now in the US, you have to live in the same household for your father to be a household member

 

 

This is correct, but one would only want Dad to act as a household member if combining income to qualify.  As long as Dad qualifies on his own, he should be the joint sponsor, and his wife, if any, should be HIS household member, providing I-864a, whether she has income or not.

[juninho10 42]

My US father-in-law is my sponsor and he had to file I-864. Not I-864A.

 

Both he and my wife filled-in I-864 forms each. This was accepted by NVC 2 months without any fuss or additional requests.

[pushbrk 12,968]

6 hours ago, juninho10 said:

My US father-in-law is my sponsor and he had to file I-864. Not I-864A.

 

Both he and my wife filled-in I-864 forms each. This was accepted by NVC 2 months without any fuss or additional requests.

Yes.... AND....if the father in law is married, be prepared for the Consular Officer, (not NVC) to ask for the I-864a from his wife.  It doesn't always happen, but when it does, the delay in visa issue is a month or more.

[juninho10 42]

20 hours ago, pushbrk said:

Yes.... AND....if the father in law is married, be prepared for the Consular Officer, (not NVC) to ask for the I-864a from his wife.  It doesn't always happen, but when it does, the delay in visa issue is a month or more.

Wow, that's very good to know. I'll ask my Mother-in-law to complete one before my interview, because I had no idea that was needed if the joint sponsor already made over the threshold.

[pushbrk 12,968]

1 hour ago, juninho10 said:

Wow, that's very good to know. I'll ask my Mother-in-law to complete one before my interview, because I had no idea that was needed if the joint sponsor already made over the threshold.

Upload it before the interview to avoid delays.