AOS

[gundas 1]

My mother-in-law is going to be the sponsor for her son in India, but she does not have a job and lives with her daughter. The daughter is going to be the co-sponsor and will fill out the I864A and my MIL will fill out the I864. The question I have is my sister-in-law is married and all tax returns are filed joint and have both her and her husbands names on it, whose name should she put on the I864A, hers or her husband? What about pay stubs, should she include both of their pay stubs?

Thanks

[trailmix 77]

From the Adjudicator's Field Manual:

If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099.

[gundas 1]

From the Adjudicator's Field Manual:

If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099.

How would the sponsor have his/her own tax statement if they filed joint?

[trailmix 77]

How would the sponsor have his/her own tax statement if they filed joint?

What they are saying is that if the sponsor filed a joint return you must submit proof of the individual income.

So in the case you have mentioned, the Sister in Law must submit her slips (W2s, 1099s etc) along with either her tax return or tax transcript.

They want to be able to see what she made alone.

Edited May 5, 2010 by trailmix