Form i-864 married filling jointly with intending immigrant

[Karay 7]

Hello,

 

The Intending immigrant and the petitioner filled taxes as MFJ. Total income on line 9 of the 1040 was $33k which is above the income required for a 2 household size. The $33K consists of $25k from the intending immigrant and $8K from the petitioner. Per the I-864 A instructions, no I-864A is necessary if the intending immigrant does not have any accompanying dependents. I wanted to confirm this is correct and the only form that needs to be completed is the i-864  and no joint sponsor is necessary.  Thank you!

[Dashinka 25,848]

Will the income of the beneficiary (intending immigrant) continue after immigrating to the US?  If so, I believe the beneficiary still needs to complete an I864A.

 

Good Luck!

[Karay 7]

59 minutes ago, Dashinka said:

Will the income of the beneficiary (intending immigrant) continue after immigrating to the US?  If so, I believe the beneficiary still needs to complete an I864A.

 

Good Luck!

Thank you for your response.  Yes the income of the beneficiary will continue after. 

[OldUser 9,885]

Forms need to be not only filled, but also filed.

 

Your case is borderline, I'd recommend finding joint sponsor who can help you if you get RFE.

 

 

[Dashinka 25,848]

59 minutes ago, Karay said:

Thank you for your response.  Yes the income of the beneficiary will continue after. 

So in reading the instructions for the I864A, if using the beneficiary's continued income to combine with the petitioner's I864 the beneficiary needs to fill out the I864A.  I do not see any exemption for if the beneficiary does not have dependents.

 

Beyond that, I agree with @OldUser, even with the two incomes, it is a borderline case, so I would look to have a joint sponsor lined up in case the consulate or NVC requests one.

 

Good Luck!

Edited Tuesday at 05:02 PM by Dashinka