NVC required documents for joint sponsor

[emmillinnee 9]

We are currently at the NVC stage after having filed an I-130 petition for my husband (Spanish citizen) and I wanted to make sure I have all the documents required for NVC. 
 

We are using a joint sponsor (my dad) who filed 2021 taxes as married, filing jointly. Does this mean my mom needs to fill out an i864A? Even though she does not work nor have any sort of income? My dad’s income easily covers the 125% poverty line requirement. 

 

I’ve uploaded my W2, federal tax 1040 document from most recent year and  i864,

 

I’ve uploaded my dad’s i864, proof of citizenship (passport), proof of us domicile, W2, federal tax income return 1040 from most recent year,

 

My husband’s passport, passport photos, birth certificate, our marriage certificate, and police certificate.
 

Does it sound like we are missing anything else?

[pushbrk 12,149]

2 hours ago, emmillinnee said:

We are currently at the NVC stage after having filed an I-130 petition for my husband (Spanish citizen) and I wanted to make sure I have all the documents required for NVC. 
 

We are using a joint sponsor (my dad) who filed 2021 taxes as married, filing jointly. Does this mean my mom needs to fill out an i864A? Even though she does not work nor have any sort of income? My dad’s income easily covers the 125% poverty line requirement. 

 

I’ve uploaded my W2, federal tax 1040 document from most recent year and  i864,

 

I’ve uploaded my dad’s i864, proof of citizenship (passport), proof of us domicile, W2, federal tax income return 1040 from most recent year,

 

My husband’s passport, passport photos, birth certificate, our marriage certificate, and police certificate.
 

Does it sound like we are missing anything else?

Yes, your joint sponsor's joint tax filing spouse should provide an I-864a even if she has no income, even if her income is not needed.  It's a contract.  Consular Officers tend to request the I-864a in this situation.  Best practice is to provide it up front, including spouse's evidence of status and residency.

[ohiohopeful 53]

1 hour ago, pushbrk said:

Yes, your joint sponsor's joint tax filing spouse should provide an I-864a even if she has no income, even if her income is not needed.  It's a contract.  Consular Officers tend to request the I-864a in this situation.  Best practice is to provide it up front, including spouse's evidence of status and residency.

I used a married joint sponsor, who filed jointly, and didn't submit an I-864a (DQ'd without this form). But I agree with @pushbrk - submit everything they might possibly ever think you might someday need.

 

My advice is to upload a 1099 form if your sponsor has one - if they do not have one, upload a signed statement to say that they do not have one.

 

Spending a few days going through VisaJourney and finding every RFE that has been posted about could save you 3 months if it avoids an RFE

[emmillinnee 9]

4 hours ago, pushbrk said:

Yes, your joint sponsor's joint tax filing spouse should provide an I-864a even if she has no income, even if her income is not needed.  It's a contract.  Consular Officers tend to request the I-864a in this situation.  Best practice is to provide it up front, including spouse's evidence of status and residency.

We uploaded all the other documents December 30th 2021. If I submit the I864A for my mom, will the 3 month review delay start over from now? If so, I can’t decide if I should risk it now or wait and see if I get DQd without it like ohiohopeful…

[emmillinnee 9]

3 hours ago, ohiohopeful said:

I used a married joint sponsor, who filed jointly, and didn't submit an I-864a (DQ'd without this form). But I agree with @pushbrk - submit everything they might possibly ever think you might someday need.

 

My advice is to upload a 1099 form if your sponsor has one - if they do not have one, upload a signed statement to say that they do not have one.

 

Spending a few days going through VisaJourney and finding every RFE that has been posted about could save you 3 months if it avoids an RFE

He only has a W2 because he is an employee of a company. I submitted my 1099 because I was working as a contractor for a company, but not an employee. Given that we submitted the other documents Dec 30, 2021, would you recommend uploading a signed statement saying he doesn’t have a 1099? Does it have to be notarized? Would the 3 month wait start over from the time we upload new documents?

[ohiohopeful 53]

1 hour ago, emmillinnee said:

He only has a W2 because he is an employee of a company. I submitted my 1099 because I was working as a contractor for a company, but not an employee. Given that we submitted the other documents Dec 30, 2021, would you recommend uploading a signed statement saying he doesn’t have a 1099? Does it have to be notarized? Would the 3 month wait start over from the time we upload new documents?

So it's slightly more difficult to judge your course of action because you entered the documents in December - Apologies, I thought it was a few days ago.

 

My joint sponsor did not have a 1099 form so we obviously didn't upload anything, but the NVC requested it on an RFE anyway, so we had to upload a signed statement explaining that it didn't exist. That set us back 3 months.

 

So, you could not touch your account and hope things go through - if they do, everything is great and you wait for the appointment.

 

If they ask for the 1099 and I864a on an RFE, you'll have a 3 month delay while waiting for a re-assessment.

 

If you upload those forms this week, it 'might' reset your entry date to now. (I really don't know how likely it is, my date was reset, but others claim they uploaded documents and didn't reset the timer) That could waste 1.5 months of your time - but that would save you the 3 month wait from a possible RFE.

 

You need to weigh up whether you wait for them to review your submission and risk a 3 month RFE, or whether you sacrifice the 1.5 months you've already waited to try and get ahead of the possible RFE.

 

And obviously - I'm just a man on the internet, this is just based from my NVC experience over the last few months, please spend time thinking and reading about it elsewhere

[carmel34 3,532]

16 hours ago, emmillinnee said:

I’ve uploaded my W2, federal tax 1040 document from most recent year

If you submit 1040, make sure that you include all schedules, attachments, forms, W2, 1099s, etc., essentially every page or document that was submitted with the 1040.  The other, better option is to upload the IRS tax return transcript instead of the complete 1040 plus W2.  Tax transcripts can be downloaded from the IRS website.  Good luck with the rest of your journey!

[pushbrk 12,149]

10 hours ago, emmillinnee said:

We uploaded all the other documents December 30th 2021. If I submit the I864A for my mom, will the 3 month review delay start over from now? If so, I can’t decide if I should risk it now or wait and see if I get DQd without it like ohiohopeful…

You ARE likely to be DQ'd without the I-864a.  It would be later at the interview when a Consular Officer would request it.  I don't see why you couldn't submit it AFTER DQ.  

[pushbrk 12,149]

Note that there is more than one kind of 1099.  Even employees can get 1099 forms from other than their employers.  Most often they have to do with their investments/investment income.  If they get one or more, they are part of a complete copy of a federal tax return.