I-864 as Joint Sponsor. Spouse I-864a

[andrex 0]

Hello,

I am a joint sponsor on a petition for visa.

Petitioner (my father), is sponsoring (another child), but income is too low.

Petitioner (my father) and Joint Sponsor (me) do not live in same residence, and therefore, are not members of the same household. Hence, we are filing separate I-864.

About my I-864 (Joint Sponsor)

- my income is enough, however, I file my taxes jointly with my spouse.

- I am submitting tax transcripts.

- Spouse is therefore filing a I-864A.

- On the I-864A, . If I am submitting tax transcripts already, as the Joint Sponsor, and they are the same as that of the household member, since it is my spouse, and we file jointly, do we need to provide another copy of the tax transcripts?. or is one copy enough?

When all is said and done, I will file the following, as joint sponsor, in part:

- I-864 (Joint Sponsor)

- I-864A (my spouse)

- Tax transcripts. Since we file together, is 1 copy enough? or do I require 2 copies, one for the i-864 and one for the i-864p?.

Thanks.

[trailmix 77]

I would include one for each, just photocopy it.

You also need to include all slips, ie: W2s and 1009s etc - since you filed a joint return (so your slips to accompany your I-864, his slips to accompany his I-864A).

[andrex 0]

Thanks - I will photocopy all transcripts, or might get additional ones from IRS, they usually take 1 week or so and are free.

If I am sending transcripts, form I-864 states "Do not include copies of these Forms is you provide an IRS transcript". Forms it refers to are w-2, 1099, etc, so I am not sending these.

My spouse has $0 income, so, in addition I am just adding an employer letter. would that be ok?

[trailmix 77]

Ok I understand now that you are having your spouse fill out an I-864A because you filed a joint return. That's not the correct way to proceed. He has no income so he is not contributing to the affidavit of support so he should not be included.

The correct way is to prove your individual income, which is where the slips come in:

From : Adjudicator's Field Manual - Redacted Public Version \ Chapter 20 Immigrants in General \ 20.5 Enforceable Affidavits of Support

"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".

Edited May 20, 2010 by trailmix

[andrex 0]

Thanks for posting back.

Some issues:

- my w2's/etc/ are missing

- spouse 2010 income (so far) is $0, but they worked (partially) during tax years 2007-2009.

- Since my w2's/etc are missing. I thought about sticking only to tax transcripts, and use an employer letter to prove my income.

Some questions:

- Am I absolutely required to provide w2's? either with copies of tax returns or tax transcripts? I-864 instructions seem to direct to not be required with transcripts.

- Since spouse contributed to prior years income, (spite of current $0 income), is it ok to have them do an I-864A, to avoid having to differentiate our individual incomes?

I file: I-864, with transcripts and employer letter

Spouse files: I-864A with copies of transcripts.

Am I way off base here? Thanks.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Bringing Family Members of US Citizens to America" as the prior forum is for K1, K2, K3 & K4 visas so this is a more appropriate location**

[andresbonifacio 7]

just to give you an idea on what I did for my mom's petition:

-I'm jobless but still earned something in 2009

-Used my wife's income (I-864a)

-I put zero as my current annual income on the I-864

-submitted only ONEcopy each of 2007,2008 and 2009 Transcripts from IRS w/ the I-864 and I-864a (NO W2s, payslips nor letter of employment from the wife's job)

-Affidavit of support was accepted after a week with no RFEs

Edited May 20, 2010 by andresbonifacio

[trailmix 77]

Thanks for posting back.

Some issues:

- my w2's/etc/ are missing

- spouse 2010 income (so far) is $0, but they worked (partially) during tax years 2007-2009.

- Since my w2's/etc are missing. I thought about sticking only to tax transcripts, and use an employer letter to prove my income.

Some questions:

- Am I absolutely required to provide w2's? either with copies of tax returns or tax transcripts? I-864 instructions seem to direct to not be required with transcripts.

- Since spouse contributed to prior years income, (spite of current $0 income), is it ok to have them do an I-864A, to avoid having to differentiate our individual incomes?

I file: I-864, with transcripts and employer letter

Spouse files: I-864A with copies of transcripts.

Am I way off base here? Thanks.

You could try what Andres did - although they have not had their interview yet and things like this (additional proof of income etc) tend to come up at the interview.

I can only tell you the technically correct way to do it.

Either way - your Husband should not fill out an I-864A.

[andresbonifacio 7]

You could try what Andres did - although they have not had their interview yet and things like this (additional proof of income etc) tend to come up at the interview.

I can only tell you the technically correct way to do it.

Either way - your Husband should not fill out an I-864A.

I totally agree but if ever they ask my mom during the interview she could point out that the appointment letter says:

"FINANCIAL EVIDENCE - Y (Y = The required document has been received and accepted)"

it didn't say "A" (A = Applicant must acquire this document and present it at the time of the interview).

[andrex 0]

I will remove my spouse

1. Current income is $0

2. My Current income, per employer letter is enough.

Last follow up question:

1. Instructions of I-864:

provide either IRS transcripts or copy of personal tax records.

"If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy."

2. Checklist of I-864:

For ALL sponsors:

"A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statementand/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three taxyears , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of theseitems will help you qualify."

I have opted to send IRS transcripts. Simply because, it states not to include copy of my w-2's..etc..which I have lost. This is in accord to instructions for question 25. but the checklist seems to require only tax/w-2's/1099.

So, is tax transcripts alone enough?. I am including a letter from my employer as evidence of my personal income.

Thanks.

[andresbonifacio 7]

I will remove my spouse

1. Current income is $0

2. My Current income, per employer letter is enough.

Last follow up question:

1. Instructions of I-864:

provide either IRS transcripts or copy of personal tax records.

"If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy."

2. Checklist of I-864:

For ALL sponsors:

"A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statementand/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three taxyears , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of theseitems will help you qualify."

I have opted to send IRS transcripts. Simply because, it states not to include copy of my w-2's..etc..which I have lost. This is in accord to instructions for question 25. but the checklist seems to require only tax/w-2's/1099.

So, is tax transcripts alone enough?. I am including a letter from my employer as evidence of my personal income.

Thanks.

transcripts alone was enough (FOR OUR CASE). it's up to you if you want to submit more stuff

[Emmayxl 0]

Hello,

I am a joint sponsor on a petition for visa.

Petitioner (my father), is sponsoring (another child), but income is too low.

Petitioner (my father) and Joint Sponsor (me) do not live in same residence, and therefore, are not members of the same household. Hence, we are filing separate I-864.

About my I-864 (Joint Sponsor)

- my income is enough, however, I file my taxes jointly with my spouse.

- I am submitting tax transcripts.

- Spouse is therefore filing a I-864A.

- On the I-864A, . If I am submitting tax transcripts already, as the Joint Sponsor, and they are the same as that of the household member, since it is my spouse, and we file jointly, do we need to provide another copy of the tax transcripts?. or is one copy enough?

When all is said and done, I will file the following, as joint sponsor, in part:

- I-864 (Joint Sponsor)

- I-864A (my spouse)

- Tax transcripts. Since we file together, is 1 copy enough? or do I require 2 copies, one for the i-864 and one for the i-864p?.

Thanks.

I am in the same situation but have a different question on how to check I-864 Part 3 item 8.

I am sponsoring the principal immigrant named in Part 2 above, yes, no (applicable only in cases with two joint sponsors)

My husband is the petitioner but has no income, so we use my mother's income which is enough, but how should we check item 8? I have one petitioner (my husband) and one joint sponsor (my mom), so should I check YES for both 864? Or does my husband count as joint sponsor thus we should check NO for both my husband's and my mom's 864.

Thanks.

Emma