Question about I-864

[David Swift 0]

I’m applying for adjustment of status for my wife and I’m stuck on Form I-864. We are both living together in the US with my parents, but currently, I am out of W2 employment work so I don’t meet the 125% poverty level at the moment. Do l still need to fill out Form I-864 for myself and provide my 1099 Tax Returns for the last 3 years? I last filed taxes independently in 2020 and for 2021, my taxes were filed as a dependent under my parent/head of household, who will be my Joint Sponsor. 
 

Do I need to provide my old documents or since I am having a Joint Sponsor, is it ok if they fill it out one set and provide all supporting documents showing sufficient funds of more than 125% without any of my documents?  

 

I’m not sure if USCIS will accept one set of I-864 solely from the Joint Sponsor or are they expecting 2 sets, one from myself showing my old insufficient tax reports and a 2nd set from the Joint Sponsor showing sufficient funds? Thanks in advance.

Edited May 4, 2022 by David Swift

[David Swift 0]

Another question I was curious about does my joint sponsor also need to fill out I-864A since she is head of household member and will make assets available to help support my sponsored wife? 

Edited May 4, 2022 by David Swift

[Chancy 6,233]

18 hours ago, David Swift said:

Do l still need to fill out Form I-864 for myself and provide my 1099 Tax Returns for the last 3 years?

 

As your wife's petitioner, you are her primary financial sponsor, whether you have a joint sponsor or not.  So yes, you must submit your own I-864 + supporting financial documents, including most recent tax filing.  Either the IRS return transcripts OR your 1040 + W2 + all schedules.  Your joint sponsor will need to fill out and sign their own I-864, with their own set of supporting documents.

 

[David Swift 0]

4 hours ago, Chancy said:

 

As your wife's petitioner, you are her primary financial sponsor, whether you have a joint sponsor or not.  So yes, you must submit your own I-864 + supporting financial documents, including most recent tax filing.  Either the IRS return transcripts OR your 1040 + W2 + all schedules.  Your joint sponsor will need to fill out and sign their own I-864, with their own set of supporting documents.

 

Sounds good. Thanks for the clarification. I’ll have two sets of I-864 in my packet one from myself and documents and joint sponsor and her documents.

One more thing, do I also need to fill out I-864A? Since my aunt (joint sponsor) is a Household Member that me (petitioner) and my wife (beneficiary) are currently living in or is this form only for if I had my parents or siblings living with me or helping me? So I’m thinking I don’t need to fill it out since I will have sufficient funds from my Joint Sponsor but just wanted to make sure

Edited May 5, 2022 by David Swift

[Chancy 6,233]

On 5/4/2022 at 8:16 PM, David Swift said:

I’m thinking I don’t need to fill it out since I will have sufficient funds from my Joint Sponsor

 

No need for I-864A from you.  Just I-864 from you and I-864 from your aunt.

 

[David Swift 0]

On 5/6/2022 at 6:23 AM, Chancy said:

 

No need for I-864A from you.  Just I-864 from you and I-864 from your aunt.

 

The last time I filed an individual tax return was from 2020 which is what I will include with the application and it doesn’t meet requirements for total gross for 2 people, and I was unemployed for all of 2021 due to covid. My aunt who is also my joint sponsor who I live with currently filed me as her dependent on her taxes, so I didn't file taxes in 2021 because I had no income. So the good thing is it will show me on her taxes.  So I only includes a copy of my 2020 taxes when I last worked showing my total gross income in my packet. I don’t have a W2. My joint sponsor included transcripts from 2021, 2020 and 2019 taxes. Do you think I would get an RFE for this or do you think everything looks good and it will be acceptable? Any other things I should add for my application besides my 2020 Taxes?

[Janna Reynoso 0]

On 5/12/2022 at 9:24 PM, David Swift said:

The last time I filed an individual tax return was from 2020 which is what I will include with the application and it doesn’t meet requirements for total gross for 2 people, and I was unemployed for all of 2021 due to covid. My aunt who is also my joint sponsor who I live with currently filed me as her dependent on her taxes, so I didn't file taxes in 2021 because I had no income. So the good thing is it will show me on her taxes.  So I only includes a copy of my 2020 taxes when I last worked showing my total gross income in my packet. I don’t have a W2. My joint sponsor included transcripts from 2021, 2020 and 2019 taxes. Do you think I would get an RFE for this or do you think everything looks good and it will be acceptable? Any other things I should add for my application besides my 2020 Taxes?

Hey! I have the same situation , my husband is petitioning me with adjustment of status , we live with his uncle that is also gonna be my joint sponsor (as my husband was unemployed) , the same uncle included my husband as a dependent last year … so he needs to fill 2 I-864 or I-864a? The instructions of I-864a doesn’t mention an uncle as a household member and says it has to be a dependent of the sponsor, in this case is the opposite , the sponsor is dependent of the uncle . What did you do?