Co-sponsor

[lquin 0]

Hi Guys and Gals

Me and my wife are currently residing in the UK (Wife is USC) we have started the I-130 petition back in March. Becuase my wife currently works in the UK (LLR) her income is not recognised on the I-864, therefore her stepdad is willing to co-sponsor.

Please can you tell me what information he will need.. my understanding is as follows

1. Co-sponsor must file I-864a form (and witnessed by notary)

2. Tax returns for past 3 years

3. Letter of employment on company headed paper

or.. is any of this required ?......

[Tim and Bethanie 1]

The I-864 a I believe is only used for someone in the same household, he should only need to file the I-864 same as your spouse. I suggest getting the past three tax years in transcripts from the IRS, we got a checklist for these though we had sent in, my mothers w-2's with the initial forms. He will also need to provide proof of citizenship, in our case used mothers birth certificate. Same as your wife he will have to also fill out the tax release form. I think that is all I am sure others will come along to add anything else. Have him call the IRS soon because it can take up to 10 days to get a copy of the transcripts.

Bethanie

[Yodrak 7]

lquin,

A Joint Sponsor provides an I-864, the same as the Sponsor. I-864A is used when Household Members of the Sponsor or Joint Sponsor are involved.

Yodrak

Hi Guys and Gals

Me and my wife are currently residing in the UK (Wife is USC) we have started the I-130 petition back in March. Becuase my wife currently works in the UK (LLR) her income is not recognised on the I-864, therefore her stepdad is willing to co-sponsor.

Please can you tell me what information he will need.. my understanding is as follows

1. Co-sponsor must file I-864a form (and witnessed by notary)

2. Tax returns for past 3 years

3. Letter of employment on company headed paper

or.. is any of this required ?......

[lquin 0]

lquin,

A Joint Sponsor provides an I-864, the same as the Sponsor. I-864A is used when Household Members of the Sponsor or Joint Sponsor are involved.

Yodrak

Hi Guys and Gals

Me and my wife are currently residing in the UK (Wife is USC) we have started the I-130 petition back in March. Becuase my wife currently works in the UK (LLR) her income is not recognised on the I-864, therefore her stepdad is willing to co-sponsor.

Please can you tell me what information he will need.. my understanding is as follows

1. Co-sponsor must file I-864a form (and witnessed by notary)

2. Tax returns for past 3 years

3. Letter of employment on company headed paper

or.. is any of this required ?......

Okay so he actually needs to file the I=-864 ? Rather than I-i864a ?

Although my wife is in the UK her principal residence is in the US (per the requirement).. she lives with the stepdad so arent they part of the same household ?

[lquin 0]

surely he should file the I-864a becuase technically he is in the same household as my Wife (Technically her princial residence is in the US, becuase she only has LLR in the UK)

[Tim and Bethanie 1]

The instructions for the I864a state:

A ''household member'' is any person (a) sharing a residence with the sponsor for at least the last 6 months who is

related to the sponsor by birth, marriage, or adoption, or (B) whom the sponsor has lawfully claimed as a dependent on

the sponsor's most recent federal income tax return even if that person does not live at the same residence as the

sponsor, and whose income and/or assets will be used to demonstrate the sponsor's ability to maintain the sponsored

immigrant(s) at an annual income at the level specified in section 213A(f)(1)(E) or 213A(f)(3) of the Act.

So I assume if any of this applies then yes he would file the I-864a.

[lquin 0]

The instructions for the I864a state:

A ''household member'' is any person (a) sharing a residence with the sponsor for at least the last 6 months who is

related to the sponsor by birth, marriage, or adoption, or (B) whom the sponsor has lawfully claimed as a dependent on

the sponsor's most recent federal income tax return even if that person does not live at the same residence as the

sponsor, and whose income and/or assets will be used to demonstrate the sponsor's ability to maintain the sponsored

immigrant(s) at an annual income at the level specified in section 213A(f)(1)(E) or 213A(f)(3) of the Act.

So I assume if any of this applies then yes he would file the I-864a.

Right I looked into this and I think.. The I-864 is to supplement the I-864 filed by the sponsor but since my wife has no US based income then the sponsor would file a I-864...

[Yodrak 7]

lquin,

Interesting situation. Yes, if your wife's stepdad is a Household Member, he and your wife could prepare an I-864A (not he alone, take a closer look at I-864A). But note the requirement that they must have been living in the same residence for 6 months. The residence where stepdad is living may be your wife's primary residence for purposes of maintaining a US domicile, but it is not where she's been living recently.

Don't know how the consulate in London would view this conundrum. But I can tell you that people have opted to use a Household Member as a Joint Sponsor.

Yodrak

lquin,

A Joint Sponsor provides an I-864, the same as the Sponsor. I-864A is used when Household Members of the Sponsor or Joint Sponsor are involved.

Yodrak

Hi Guys and Gals

Me and my wife are currently residing in the UK (Wife is USC) we have started the I-130 petition back in March. Becuase my wife currently works in the UK (LLR) her income is not recognised on the I-864, therefore her stepdad is willing to co-sponsor.

Please can you tell me what information he will need.. my understanding is as follows

1. Co-sponsor must file I-864a form (and witnessed by notary)

2. Tax returns for past 3 years

3. Letter of employment on company headed paper

or.. is any of this required ?......

Okay so he actually needs to file the I=-864 ? Rather than I-i864a ?

Although my wife is in the UK her principal residence is in the US (per the requirement).. she lives with the stepdad so arent they part of the same household ?

Edited June 2, 2006 by Yodrak

[lquin 0]

lquin,

Interesting situation. Yes, if your wife's stepdad is a Household Member, he and your wife could prepare an I-864A (not he alone, take a closer look at I-864A). But note the requirement that they must have been living in the same residence for 6 months. The residence where stepdad is living may be your wife's primary residence for purposes of maintaining a US domicile, but it is not where she's been living recently.

Don't know how the consulate in London would view this conundrum. But I can tell you that people have opted to use a Household Member as a Joint Sponsor.

Yodrak

lquin,

A Joint Sponsor provides an I-864, the same as the Sponsor. I-864A is used when Household Members of the Sponsor or Joint Sponsor are involved.

Yodrak

Hi Guys and Gals

Me and my wife are currently residing in the UK (Wife is USC) we have started the I-130 petition back in March. Becuase my wife currently works in the UK (LLR) her income is not recognised on the I-864, therefore her stepdad is willing to co-sponsor.

Please can you tell me what information he will need.. my understanding is as follows

1. Co-sponsor must file I-864a form (and witnessed by notary)

2. Tax returns for past 3 years

3. Letter of employment on company headed paper

or.. is any of this required ?......

Okay so he actually needs to file the I=-864 ? Rather than I-i864a ?

Although my wife is in the UK her principal residence is in the US (per the requirement).. she lives with the stepdad so arent they part of the same household ?

Thanks for your post..

I have now clarified what should be done.. please let me know if you agree

My Step father in Law is going to file a I-864 as a Joint sponsor, this is because the I-864a form should only be used if supplimenting my wifes income, but since she has no US based income he must file the I-864

The domicile requirement is achieved beucase my wife although currently working and residing in the UK (termporarily) she has kept ties with the US in the way of residence and she has a US bank account, her principal residence has to be the US as she as LLR in the UK, and could not DCF as she is not classed as a permanent resident in the UK.

In the I-864 that my step father in law filled out you must prove relationship to sponsor (i.e his step daughter) this is achieved by a letter stating that mywife has residence with him in the US and the marriage certificate to my wife's mother

Let me know what you think.

[Yodrak 7]

lquin,

I think that

- your conclusion that the stepfather should submit an I-864 is a good one although your logic is flawed (your wife's US-based income level is not relevant to the issue of I-864 v I-864A), and

- your wife sharing a US residence with her stepfather is not relevant to their familial relationship (they could live on opposite coasts and he would still be her stepfather).

Yodrak

Thanks for your post..

I have now clarified what should be done.. please let me know if you agree

My Step father in Law is going to file a I-864 as a Joint sponsor, this is because the I-864a form should only be used if supplimenting my wifes income, but since she has no US based income he must file the I-864

The domicile requirement is achieved beucase my wife although currently working and residing in the UK (termporarily) she has kept ties with the US in the way of residence and she has a US bank account, her principal residence has to be the US as she as LLR in the UK, and could not DCF as she is not classed as a permanent resident in the UK.

In the I-864 that my step father in law filled out you must prove relationship to sponsor (i.e his step daughter) this is achieved by a letter stating that mywife has residence with him in the US and the marriage certificate to my wife's mother

Let me know what you think.

Edited June 2, 2006 by Yodrak

[lquin 0]

lquin,

I think that

- your conclusion that the stepfather should submit an I-864 is a good one although your logic is flawed (your wife's US-based income level is not relevant to the issue of I-864 v I-864A), and

- your wife sharing a US residence with her stepfather is not relevant to their familial relationship (they could live on opposite coasts and he would still be her stepfather).

Yodrak

Thanks for your post..

I have now clarified what should be done.. please let me know if you agree

My Step father in Law is going to file a I-864 as a Joint sponsor, this is because the I-864a form should only be used if supplimenting my wifes income, but since she has no US based income he must file the I-864

The domicile requirement is achieved beucase my wife although currently working and residing in the UK (termporarily) she has kept ties with the US in the way of residence and she has a US bank account, her principal residence has to be the US as she as LLR in the UK, and could not DCF as she is not classed as a permanent resident in the UK.

In the I-864 that my step father in law filled out you must prove relationship to sponsor (i.e his step daughter) this is achieved by a letter stating that mywife has residence with him in the US and the marriage certificate to my wife's mother

Let me know what you think.

The letter was to aid in the residence requirement

[MrsBruce5 0]

Hi Lew,

If they share a US address together, and it's both of their legal addresses- they must file the I-864A, as well as an 864 for him and her.

My sister rents an apartment in my house, and was our co-sponsor. She and I share NO financial ties-no bank account, and we're completely independant of each other financially. However, they will look at the address, and they will ask that US income is combined on your wife's 864.

My 864 was kicked back to me in late April to make this correction, and as a result of this "mistake"-we were held up for 3 more weeks between mail to and from and finally, completion of the case...

Good Luck !

[Tim and Bethanie 1]

Hi Lew,

If they share a US address together, and it's both of their legal addresses- they must file the I-864A, as well as an 864 for him and her.

My sister rents an apartment in my house, and was our co-sponsor. She and I share NO financial ties-no bank account, and we're completely independant of each other financially. However, they will look at the address, and they will ask that US income is combined on your wife's 864.

My 864 was kicked back to me in late April to make this correction, and as a result of this "mistake"-we were held up for 3 more weeks between mail to and from and finally, completion of the case...

Good Luck !

Rose, I think the difference is that his wife doesn't reside in the home, the requirement for the I-864a is that they reside together for the past six months or the co sponsor claimed the beneficiary as a dependant in the prior tax year. Touchy I think, but I believe their best bet would be to go ahead and have the step father do the 1-864.

Bethanie

P.S will try to email ya soon, been busy!

[MrsBruce5 0]

You are absolutely right-I misread his post...

Apologies to the OP !

Rose

No problem B...It's been a busy week !