Joint Sponsor I-864, Filing taxes jointly

[sachinky 465]

I wrote to NVC to ask what is the correct procedure to follow when using a joint sponsor who has sufficient individual income but is also married and files taxes jointly. This question has come up time and time again in many forums so I thought I'd post the reply for future readers and in case someone else had a similar query.

This is what they had to say:

Please include the sponsor's individual income as indicated on the most recent tax return (if filing separately.) If you filed a joint return and you are not using your spouse's income, please verify your income from your W-2s for the appropriate year.

Hope this helps.

[carmen181 0]

hi, i have a question... my joint sponsor is my brother's wife .. they file their taxes jointly .. my interview is on dec 21st .. and i ask my husband to send me copies of his income taxes and from my joint sponsor who is my sister in law .. he sent me his taxes from 2007 and 2008 ... but he only sent the 2008 taxes from my joint sponsor ... she makes around 42 000 a year herself not jointly .. is it necessary to take to the interview the 3 years of income taxes of my joint sponsor... or is it enough with the one i have which is from 2008

[sachinky 465]

It's always better to go with three, but IMO, you should be okay with this year's tax returns.

If you can get them in time for the interview, great. If not, go with what you have.

Good luck.

[christeen 966]

I know what NVC says, but the 864 is actually adjucated at the Consulate level so what they say goes... And MANY consulates have become stricter on the 864 requirements... Here is what happened recently to my husband...

During his interview at the Naples consulate, my husband was shown a correspondance from the Department of State to US Consulates stating something like "due to current financial events they are requesting that consulates be extra diligent in confirming petitioners still meet income requirements" and it had a list of things for the consulate to check like recent pay verifications, bank accounts, employment validity etc... and it had something about "calculating real value of assets such as house etc" but he did not have a chance to read it all and since that part did not pertain to our situation he did not retain that info... it was in more formal govt mumbo jumbo, but the CO pointed to it and paraphrased that they needed further information. I have read of several RFE's at the consulate level requiring the 864A for the spouse of the co-sponsor...

This document was in a big binder that the CO referred to and was dated from August. Not sure how many consulates are following this advice but better to be safe then sorry.

To the those applying, there is a chance that they will not ask, or that they will RFE for it... Roll the dice or go with the secure route and send it in anyway.... All it costs is time...

FYI, NVC approved all of our stuff without question, it was the consulate that asked for Info... So I would be prepared as there are SEVERAL cases lately where they have requested the 864A for the co-sponsor

[sachinky 465]

I agree Christeen, it's why my cousin's wife is sending in an I-864A, just to be on the safe side.

I will have copy of that and this email at the interview. Want all my bases covered.