Joint Sponsor who is Married Question (merged)

[SalishSea 16,806]

4 minutes ago, Tara* said:

Ok thanks is it fine to leave myself as petitioner (not sponsor)  and have my mom was joint sponsor as I originally tbought?

You are always going to be the petitioner and sponsor.   If your income is not adequate to sponsor, you can submit and I-864 with supporting documentation from a qualified joint sponsor.

[SteveInBostonI130 3,319]

1 hour ago, Tara* said:

So I would do I864 as a sponsor since my current income is high enough, mom as I864 A and dad as another I 864A just since he filed taxes jointly with her. Is this right? Thanks for your help.

Can I leave it as I have it with me as petitioner, mom did I864 (joint sponsor) and dad did I864A (household member)?  Or do I need to change it since I found out I make enough?

 

 

You file the I-864.  This are required to be the main sponsor, whether you qualify or not.

 

Your mom is the Joint Sponsor (I-864).  Your dad (I-864A) is the household member of your mom.  What you have now seems fine.  You cannot change this now because being self-employed, your proof of current income comes from you previous year's taxes, and you stated you did not earn enough in 2020.

 

You may want to update the forms with 2021 taxes as soon as you get them done next year.  If your spouse is interviewed after April 15, 2022, the CO may request this (updated I-864) at the interview.

Edited December 7, 2021 by SteveInBostonI130

[Tara* 0]

Thank you Steven! Very helpful. I'm guessing putting my current income (2021) on my i864 won't be an issue (them seeing its high enough).  But exactly as you said, last year 2020 which are the tax returns I'll be presenting for now, did not make enough. 👍

[Mike E 11,723]

15 minutes ago, Tara* said:

Ok thanks is it fine to leave myself as petitioner (not sponsor)  and have my mom was joint sponsor as I originally tbought?

Petitioners are always sponsors. If the petitioner doesn’t file I-864 the visa will be denied. 
 

Even if you don’t have sufficient income, Congress  still wants you to sign I-864 so that the government can seek restitution if your beneficiary becomes public charge. 

Edited December 7, 2021 by Mike E

[Tara* 0]

10 minutes ago, Mike E said:

Petitioners are always sponsors. If the petitioner doesn’t file I-864 the visa will be denied. 
 

Even if you don’t have sufficient income, Congress  still wants you to sign I-864 so that the government can seek restitution if your beneficiary becomes public charge. 

I know that Mike, thank you,  sorry if I didn´t word my questions correctly. I was just trying to make sure it´s ok for me to have a joint sponsor even if my current income is high enough for 2021

Edited December 7, 2021 by Tara*

[Tara* 0]

21 minutes ago, SteveInBostonI130 said:

 

You file the I-864.  This are required to be the main sponsor, whether you qualify or not.

 

Your mom is the Joint Sponsor (I-864).  Your dad (I-864A) is the household member of your mom.  What you have now seems fine.  You cannot change this now because being self-employed, your proof of current income comes from you previous year's taxes, and you stated you did not earn enough in 2020.

 

You may want to update the forms with 2021 taxes as soon as you get them done next year.  If your spouse is interviewed after April 15, 2022, the CO may request this (updated I-864) at the interview.

Thank you. A question about submitting updated I-864 at the interview. Would all I need to do when the time comes is show my 2021 tax return /transcript as proof of income, and update the section on the form where you put your last 3 tax years´income to 2021, 2020 and 2019?  

Also my 2020 tax transcript showed as not received or still processing, is turning in last year´s 1040/schedule C ok for now?

[JeanneAdil 6,212]

i asked what country as some embassies will ask for joint sponsor at the interview 

but u can always submit one at NVC stage

and if you are just starting the NVC stage,  your interview (for most embassies) will be after 4./15/22 because of the backlog for interviews

timelines and embassy info is important here 

there are many things to know 

Like when did u marry (year)

if in 2020?   Is spouse on tax returns?

If 2021 do u know how to include spouse on 2021 tax returns as nonresident alien spouse?

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

[Mike E 11,723]

33 minutes ago, Tara* said:

I know that Mike, thank you,  sorry if I didn´t word my questions correctly. I was just trying to make sure it´s ok for me to have a joint sponsor even if my current income is high enough for 2021

Yes it is ok. 

 

As I wrote I think you will be required to have a joint sponsor.  So you might as well get ahead of this issue than fall behind. 

[Tara* 0]

1 hour ago, Mike E said:

Yes it is ok. 

 

As I wrote I think you will be required to have a joint sponsor.  So you might as well get ahead of this issue than fall behind. 

Cool thank you Mike.  Yes. reason I need one being 2020´s return doesn´t show as above minimum requirement, If I understood you right. 

[Tara* 0]

2 hours ago, JeanneAdil said:

i asked what country as some embassies will ask for joint sponsor at the interview 

but u can always submit one at NVC stage

and if you are just starting the NVC stage,  your interview (for most embassies) will be after 4./15/22 because of the backlog for interviews

timelines and embassy info is important here 

there are many things to know 

Like when did u marry (year)

if in 2020?   Is spouse on tax returns?

If 2021 do u know how to include spouse on 2021 tax returns as nonresident alien spouse?

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

Thanks, Jeanne. We were married in 2020 in Jordan but I made the mistake of not including him on tax return. My lawyer said shouldn´t be a problem. I decided I´m including my mom as joint sponsor and dad as household member, even though I made enough in 2021 (current income), as previous 3 years incomes weren´t enough and I just want to be sure. Thanks for that info on nonresident spouse tax filing.

[SteveInBostonI130 3,319]

4 hours ago, Tara* said:

Thank you. A question about submitting updated I-864 at the interview. Would all I need to do when the time comes is show my 2021 tax return /transcript as proof of income, and update the section on the form where you put your last 3 tax years´income to 2021, 2020 and 2019?  

Also my 2020 tax transcript showed as not received or still processing, is turning in last year´s 1040/schedule C ok for now?

You will need to complete a new form, with new signatures.

 

Yes, you can provide a copy of you tax return if you don't have the transcript.  I-864 instructions, page 8:

 

Quote

You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. 

...

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

 

 

Also, it is required to file taxes for the past 3 years.   It is optional to include the tax returns for years 2 and 3 (Part 6, 23b):

 

Quote

If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.

 

I believe you stated you did not earn sufficient income in years 2 and 3.  You do not need to attach 2019 and 2018 tax returns.

[Tara* 0]

17 minutes ago, SteveInBostonI130 said:

You will need to complete a new form, with new signatures.

 

Yes, you can provide a copy of you tax return if you don't have the transcript.  I-864 instructions, page 8:

 

 

 

Also, it is required to file taxes for the past 3 years.   It is optional to include the tax returns for years 2 and 3 (Part 6, 23b):

 

 

I believe you stated you did not earn sufficient income in years 2 and 3.  You do not need to attach 2019 and 2018 tax returns.

Thanks this is clear.

[Tara* 0]

When we get the new 2021 tax documents and new signed i864´s next year when the time comes, is it best just to bring those to the interview or submit the somewhere. Don´t want to submit them somewhere and then it takes longer to process the visa, may just be best to bring those to interview?

[powerpuff 5,914]

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[Ontarkie 13,919]

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