Joint sponsor MFJ with spouse having zero income (AOS) - conflicting info / avoiding RFE

[canada2usa87 1]

There seems to be confusion on this. Maybe it’s an NVC (consular) vs AOS thing but here is the background:
 

We are doing AOS. Joint sponsor makes well above the guidelines, his spouse makes zero (SAHM) and they are married filing jointly. He has his IRS Tax Return Transcripts for 3 most recent tax years 2024, 2023, 2022) printed out and ready to go along with his W2s.
 

The problem:

- Some posts say that even if his spouse makes 0, she still needs to fill out a 864a or else we'll get an RFE.
 

- Others say this approach of zero income spouse doing a 864a will result in an RFE because 864a is to show household member income (YouTube kseniya international videos) and just send joint sponsors w2s and leave out the zero income spouse. (timestamped link where they call this out - https://youtu.be/sAnFFwed8RA?list=PLzAJM53dlk2mTYIz2noSjQbVdgXe2PxJJ&t=1204)
 

Please help as I’m going nuts trying to reconcile this and send out our form. I have evidence and print outs if both approaches but don’t know if I should send the 864a. @pushbrk is there a difference in how USCIS vs the NVC deals with these types of situations? Or am interpreting the information wrong? 

[pushbrk 13,611]

1 hour ago, canada2usa87 said:

There seems to be confusion on this. Maybe it’s an NVC (consular) vs AOS thing but here is the background:
 

We are doing AOS. Joint sponsor makes well above the guidelines, his spouse makes zero (SAHM) and they are married filing jointly. He has his IRS Tax Return Transcripts for 3 most recent tax years 2024, 2023, 2022) printed out and ready to go along with his W2s.
 

The problem:

- Some posts say that even if his spouse makes 0, she still needs to fill out a 864a or else we'll get an RFE.
 

- Others say this approach of zero income spouse doing a 864a will result in an RFE because 864a is to show household member income (YouTube kseniya international videos) and just send joint sponsors w2s and leave out the zero income spouse. (timestamped link where they call this out - https://youtu.be/sAnFFwed8RA?list=PLzAJM53dlk2mTYIz2noSjQbVdgXe2PxJJ&t=1204)
 

Please help as I’m going nuts trying to reconcile this and send out our form. I have evidence and print outs if both approaches but don’t know if I should send the 864a. @pushbrk is there a difference in how USCIS vs the NVC deals with these types of situations? Or am interpreting the information wrong? 

Yes, typically there is a difference between how Dept. of State and USCIS deal with this.  However, neither is totally consistent.  Any real reason for not including the I-864a, like the wife refuses, would also be reason not to accept just the husband.  Remember, the affidavit of support is not just about demonstrating somebody qualifies.  It's first and foremost, a contract.  MFJ sponsors are wise to have both sign, as it is a joint obligation.

[Crazy Cat 44,443]

1 hour ago, canada2usa87 said:

Others say this approach of zero income spouse doing a 864a will result in an RFE

I agree with @pushbrk.  An I-864a demonstrates that the other joint sponsor spouse is aware of the obligations of sponsorship. 

[canada2usa87 1]

The wife definitely doesn't have any issue signing the 864a and has already done so. It was just scrutinizing the instructions and wondering if a 864a for a spouse that makes no income will be considering "wrong" since it goes against the intent of the 864a. From the instruction manual:
 

Quote

Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements. The obligations of the household member under this contract terminate when the obligations of the sponsor under the Affidavit of Support terminate. 

If you both were in my position and doing AOS, what would you do? Still send the 864a?