Co-Sponsor Income Tax question

[simistar 2]

Hello AGAIN,

Sorry to bug everyone with yet another question...

(I did try searching and couldn't find the answer to this one...)

My husband's mother has agreed to be our co-sponsor, so we can meet the income requirements for the I-864... (since my husband's Canadian income doesn't count...)

So, I guess I have two questions...

1. We can just have HER, correct...? Or would it have to be both her and my husband's father...? I think we only need ONE co-sponsor, correct? (and her income is sufficient...his father is retired...)

2. Assuming we have just his mother as our co-sponsor, we will need copies of three years of her tax returns...

How does this work when she and my father-in-law file joint tax returns (obviously, b/c they're married...)?

Does it matter that my father-in-law's name will be all over the tax returns...?

I apologize, as I am Canadian and have NO idea how US tax returns look or are set-up... will it be clear what her individual income is on the tax forms, or is it all combined...?

(I did ask her this, but she didn't seem to know or understand what I meant...)

Any help/advice is appreciated!

Thanks!!

[trailmix 77]

You will need the 3 years of returns and her slips for all returns - dependant on what income she receives this could be W2's (employment income), investment income slips - basically all the slips she would have submitted when she filed.

Also on the I-864 that she is filling out, be sure the income amount for the 3 years is only her income and not their combined income.

Edited September 21, 2009 by trailmix

[simistar 2]

Thanks Trailmix! (again!)

So, does it matter that my father-in-law's name is also on those tax returns though...?

[trailmix 77]

Thanks Trailmix! (again!)

So, does it matter that my father-in-law's name is also on those tax returns though...?

Not at all, that's very common.

One thing I am going to mention - about what happened to another VJer (Shiri) a few months ago.

They had a co-sponsor as well and when she went for her interview (same scenario - the co-sponsor had filed a joint return with their spouse) the CO requested that they also provide the tax returns and tax slips for the Husband of the co-sponsor.

Now Shiri never really did figure out WHY they would want the slips and tax returns of the joint filer - they were only using 1 co-sponsor - however they ended up submitting those other tax returns and slips and received the visa.

Now i'm not trying to make you worry - i'm just stating this as someone at Montreal obviously doesn't understand their own guidelines.

If it were me, I would get the info from the joint filer as well (unless it is a huge hassle to get the Father's as well - then it can't hurt to try with just the one set of evidence)

Edited September 21, 2009 by trailmix

[simistar 2]

Yikes!

I appreciate the heads-up!

I'll see if I can get his father's info too...though he seems pretty cranky about the whole process :-)

(of course, my DH's mom is willing to do whatever it takes to help us move to the States:-))

Wish me luck...:-)

[trailmix 77]

Yikes!

I appreciate the heads-up!

I'll see if I can get his father's info too...though he seems pretty cranky about the whole process :-)

(of course, my DH's mom is willing to do whatever it takes to help us move to the States:-))

Wish me luck...:-)

Good luck

[Malrothien 6]

Or like me, Trail, where NVC is telling us my co-sponsor should be including her deceased husband in her household members.

[simistar 2]

Or like me, Trail, where NVC is telling us my co-sponsor should be including her deceased husband in her household members.

whaaaaaat? now THAT is ridiculous!

[domegirl1978 1]

I just realized that I am in the exact same boat here. My future father in law is my co-sponsor and he files jointly with his wife. I only have his tax papers and didn't even think to get hers.

I think I will just take the chance of going without her paperwork and see if they ask me for it.

[Malrothien 6]

Or like me, Trail, where NVC is telling us my co-sponsor should be including her deceased husband in her household members.

whaaaaaat? now THAT is ridiculous!

That'll teach ya to read a cover letter!

[simistar 2]

I just realized that I am in the exact same boat here. My future father in law is my co-sponsor and he files jointly with his wife. I only have his tax papers and didn't even think to get hers.

I think I will just take the chance of going without her paperwork and see if they ask me for it.

Good to know I'm not alone:-)

We'll ASK my father-in-law...but I have a feeling I'll just be taking his mom's info :-)

Fingers crossed for both of us!

[antda 13]

Hi Simistar,

In answer to your questions:

1) Yes, you can just have your mother-in-law as a co-sponsor. As long as her income meets the requirements there, no other co-sponsor is needed. If not, you can have more than one co-sponsor too (I think they changed the rules about this recently).

2) Yes, you can use your mother-in-law's joint tax returns and it doesn't matter if your father-in-law's name (or any other person's name) is on them.

However...Your father-in-law (or anyone else that lives with them) has to be included in the "combined household size", since he lives with your mother-in-law.

For example, in your situation, for income purposes, your household size is possibly 4: you, your husband, your mother-in-law, your father-in-law...

And your "combined household" has to have enough income to cover for all of those people. (see income guidelines on the I-864P for more info).

If it makes you feel any better, I used a co-sponsor for my AOS as well...

I only had 1 co-sponsor, who filed joint taxes, and had a family too...

No problems there, as they were just looking at the co-sponsor's income and our "combined household" size...

Sigh...Why does the USCIS put such emphasis on income and sponsors/co-sponsors?

Hope this helps too. Good luck with the rest of your immigration journey.

Ant

Hello AGAIN,

Sorry to bug everyone with yet another question...

(I did try searching and couldn't find the answer to this one...)

My husband's mother has agreed to be our co-sponsor, so we can meet the income requirements for the I-864... (since my husband's Canadian income doesn't count...)

So, I guess I have two questions...

1. We can just have HER, correct...? Or would it have to be both her and my husband's father...? I think we only need ONE co-sponsor, correct? (and her income is sufficient...his father is retired...)

2. Assuming we have just his mother as our co-sponsor, we will need copies of three years of her tax returns...

How does this work when she and my father-in-law file joint tax returns (obviously, b/c they're married...)?

Does it matter that my father-in-law's name will be all over the tax returns...?

I apologize, as I am Canadian and have NO idea how US tax returns look or are set-up... will it be clear what her individual income is on the tax forms, or is it all combined...?

(I did ask her this, but she didn't seem to know or understand what I meant...)

Any help/advice is appreciated!

Thanks!!

Edited September 21, 2009 by Ant+D+A

[trailmix 77]

Sigh...Why does the USCIS put such emphasis on income and sponsors/co-sponsors?

Ant

I think it's a good idea really - i'm sure the American taxpayers would be up in arms if they thought people were applying for visas for persons they might not be able to be financially responsible for.

It also protects the immigrant. In some cases perhaps a fiance(e) may not know all the intimate details of their SOs financial situation an affidavit of support at least gives them some sort of security.

They aren't asking for much - 125% of the poverty guidelines.

[simistar 2]

2) Yes, you can use your mother-in-law's joint tax returns and it doesn't matter if your father-in-law's name (or any other person's name) is on them.

However...Your father-in-law (or anyone else that lives with them) has to be included in the "combined household size", since he lives with your mother-in-law.

For example, in your situation, for income purposes, your household size is possibly 4: you, your husband, your mother-in-law, your father-in-law...

And your "combined household" has to have enough income to cover for all of those people. (see income guidelines on the I-864P for more info).

You guys are all such a wealth of information -- thank you!

However, you've just made me reconsider what my mother-in-law should put for "household size"...

Sorry...new questions seem to pop up every hour... I swear I am an intelligent being...but these forms make me feel like the dumbest person on Earth!

So, the way I read the household size item is...

My mother-in-law would include me, herself and her husband, for a total of 3.

Does she include my husband in that...?

It says to include only "dependant children" on the actual I-864 form...and on the instructions it says:

"Enter the number of unmarried children you have who are under the age of 21"... which obviously does not apply to my husband...

If anyone can clarify this for me, I'd appreciate it!

Thanks!

[antda 13]

Hi Simistar,

No problem...glad to be able to help...

Lol...Nah, you're not dumb about this at all. When dealing with the USCIS, we're all bound to lose a few brain cells and gain a lot of frustration throughout the entire process. Nevertheless, you're smart enough to find help here on VJ..So ask away, and help you shall recieve and be smarter than the USCIS!

In answer to your next question: Your "household size" is still 4 (you, your husband, mother-in-law, and father-in-law), as your husband is counted in the equation too. Your husband, as a USC and is petitioning on your behalf, is the main sponsor, and thus needs to be counted in. So the breakdown of your "combined household" is as follows:

-You (the immigrant)

-Your husband (the sponsor)

-Your mother-in-law (the co-sponsor)

-Your father-in-law

And all of the "US income" in this "combined household family" has to be able to "support" 4 people....

For any additional people in the household...add the people and income levels accordingly...

In my situation, our "combined household size" was 5...(me, my husband the sponsor, the co-sponsor, the co-sponsor's spouse, and the co-sponsor's child). The sponsor's and co-sponsor's income (mainly the co-sponsor's income in this case) was enough to cover all of us for immigration purposes, and that's all they cared about...

Now, non-immigration-wise....my household is 3...(me, my husband, my son)....We have never had to ask the co-sponsor for any financial support, as our income is enough to cover us....Why the USCIS doesn't see that we can fully support ourselves without a co-sponsor..I have no idea....Sigh...

Hope this helps as well. Good luck on your immigration journey...

Ant

You guys are all such a wealth of information -- thank you!

However, you've just made me reconsider what my mother-in-law should put for "household size"...

Sorry...new questions seem to pop up every hour... I swear I am an intelligent being...but these forms make me feel like the dumbest person on Earth!

So, the way I read the household size item is...

My mother-in-law would include me, herself and her husband, for a total of 3.

Does she include my husband in that...?

It says to include only "dependant children" on the actual I-864 form...and on the instructions it says:

"Enter the number of unmarried children you have who are under the age of 21"... which obviously does not apply to my husband...

If anyone can clarify this for me, I'd appreciate it!

Thanks!