Household Size for Joint Sponsor

[CB82 0]

I might be over thinking this so please forgive me, but our approval is based on submitting a joint sponsor and all their info / evidence. We don't want to wrongly complete the I-864 and risk a denial. My husband's aunt is coming over tomorrow to fill out the form and give us her tax returns etc.

I just want to confirm:

My husband's aunt has been separated from her husband for over 4 years (They live in different states). She filed her tax return "married but filing separately".

On I-864 it says to put 0 or 1 for Spouse. The instructions say to include spouse, children etc even if they don't reside with you. So does she have to put 1 for Spouse even if she's not financially responsible for him. He's not on her tax return but since she is still married should she count him. We don't want to fill the form out wrong. If we put 0 and they see she's married on her tax return, will it look like we're lying? This also means we need to see if she makes at least either $17,500 for 2 people or $22,000 for 3 depending on how she fills out the form.

Thank you for taking the time to read my query and if you can help us it would be greatly appreciated.

CB82

[YuAndDan 153]

Yes spouse is still spouse until a divorce is final even if separated. So the honest answer is to count the spouse on the I-864.

[EstebanTrabajos 7]

I might be over thinking this so please forgive me, but our approval is based on submitting a joint sponsor and all their info / evidence. We don't want to wrongly complete the I-864 and risk a denial. My husband's aunt is coming over tomorrow to fill out the form and give us her tax returns etc.

I just want to confirm:

My husband's aunt has been separated from her husband for over 4 years (They live in different states). She filed her tax return "married but filing separately".

On I-864 it says to put 0 or 1 for Spouse. The instructions say to include spouse, children etc even if they don't reside with you. So does she have to put 1 for Spouse even if she's not financially responsible for him. He's not on her tax return but since she is still married should she count him. We don't want to fill the form out wrong. If we put 0 and they see she's married on her tax return, will it look like we're lying? This also means we need to see if she makes at least either $17,500 for 2 people or $22,000 for 3 depending on how she fills out the form.

Thank you for taking the time to read my query and if you can help us it would be greatly appreciated.

CB82

My guess is that she still has to put 1 since she is still married to him. The reason why people can file "married but filing separately" is because of special instances when it is better in case there is a huge burden of health related expenses from one spouse and may incurr on higher taxes for the other, amongst other reasons. Even if they are not dependent of each other, the income earned during the fiscal year is taken as a joint income of the couple, therefore the existence of a spouse has to be declared, the money earned belong to both of them. If they are not longer together the only way they could avoid putting a 1 is if they divorce.

And yes if it is just them 2 and your spouse, there will be a 3 person count.

Edited April 23, 2008 by GueraYTavo

[CB82 0]

Thank you YuAndDan and GueraYTavo for your responses. That's what I thought but just needed re-assurance. I worry and over-think everything, especially when it's to do with immigration.

And since his income isn't part of her tax return we only need her info, which is good as his aunt hasn't spoken to her husband in 4 years. She's asked him for a divorce but he's being an a** about it.