I-864EZ ok for spouse of petitioner?

[Lewis Kapell 0]

Hi,

I am a natural-born U.S. citizen and my wife is a naturalized citizen from the Philippines. We have filed an I-130 petition for my mother-in-law. My wife's name is on the forms as the petitioner. However I am the only one with an income currently. I am trying to figure out if we can use the short form for the Affidavit of Support (the I-864EZ) since in our case, the person whose name is on the paychecks is not the same as the petitioner. But maybe since we are married it is ok for the short form?

I hope I have expressed my question clearly. I did search on the forums before posting, there are a lot of discussions about this form, I didn't find one addressing this particular issue.

Thanks to any who can answer.

Lewis

[Lewis Kapell 0]

I think I found the answer ... in the USCIS documentation it says "You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size." So obviously "household income" includes the husband and wife together. So I guess we are ok to use the EZ form.

[Lewis Kapell 0]

I think I found the answer ... in the USCIS documentation it says "You must show that your household income is equal to or higher than 125% of the U.S. poverty level for your household size." So obviously "household income" includes the husband and wife together. So I guess we are ok to use the EZ form.

Now I am filling out the I-864EZ and I am confused by Part 5 (Sponsor's Income and Employment). If my wife is the sponsor, I am not sure if I should check the "Retired" box since she is not working currently... or if I should fill out my employment info, since it is my income that will be meeting the Affidavit requirements... but that doesn't seem right either since I am not technically the sponsor.

Maybe I am making this too complicated, but I don't want to take the chance of filling out the form improperly and have it be rejected.

Thanks to any who can advise.

Lewis

[Saylin 1,605]

Hi,

I am a natural-born U.S. citizen and my wife is a naturalized citizen from the Philippines. We have filed an I-130 petition for my mother-in-law. My wife's name is on the forms as the petitioner. However I am the only one with an income currently. I am trying to figure out if we can use the short form for the Affidavit of Support (the I-864EZ) since in our case, the person whose name is on the paychecks is not the same as the petitioner. But maybe since we are married it is ok for the short form?

I hope I have expressed my question clearly. I did search on the forums before posting, there are a lot of discussions about this form, I didn't find one addressing this particular issue.

Thanks to any who can answer.

Lewis

You're ineligible for the I-864EZ. One of the requirements of the I-864EZ is that the petitioner is the SOLE sponsor. In your case, you're a co-sponsor, whether married or not.

Your wife will have to fill out the I-864, and then you'll fill out an I-864a (since you're in the same household).

Don't forget, as a co-sponsor, you also need to include your tax information (as does your wife). And something a co-sponsor has to send that the petitioner doesn't is proof of US citizenship or residency. In your case, a copy of your birth certificate or passport.

[Jojo92122 1,924]

Hi,

I am a natural-born U.S. citizen and my wife is a naturalized citizen from the Philippines. We have filed an I-130 petition for my mother-in-law. My wife's name is on the forms as the petitioner. However I am the only one with an income currently. I am trying to figure out if we can use the short form for the Affidavit of Support (the I-864EZ) since in our case, the person whose name is on the paychecks is not the same as the petitioner. But maybe since we are married it is ok for the short form?

I hope I have expressed my question clearly. I did search on the forums before posting, there are a lot of discussions about this form, I didn't find one addressing this particular issue.

Thanks to any who can answer.

Lewis

You cannot use Form I-864EZ.

Your wife is the petitioner/sponsor. She must file Form I-864. It doesn't matter if she has no income, she must still file Form I-864.

You are a household member. (You are not the petitioner.) You will file Form I-864a.

Edited August 26, 2011 by Jojo92122

[Lewis Kapell 0]

Thank you to Saylin and Jojo92122 for clearing that up.

One more question, do I need to submit a letter from my employer? I read that online somewhere, but I don't see that in the instructions for the I-864A. I know that the Affidavit of Support is required for many types of visa application, and the supporting documents vary depending on the type of visa being obtained.

Thanks again.

Lewis

[Saylin 1,605]

Thank you to Saylin and Jojo92122 for clearing that up.

One more question, do I need to submit a letter from my employer? I read that online somewhere, but I don't see that in the instructions for the I-864A. I know that the Affidavit of Support is required for many types of visa application, and the supporting documents vary depending on the type of visa being obtained.

Thanks again.

Lewis

The letter from an employer and pay stubs are optional. But if you have them, or could have them, I'd suggest sending them. It's good proof of current income.

[elkhris 7]

The employer letter is optional but most people send it to have a better proof of income.

[Lewis Kapell 0]

OK, this is really the last question. I hope... I have filled out my I-864A and my wife has her I-864. Since we have always filed our taxes jointly, do we need to attach one copy of our 2010 income tax return to the I-864, and a second copy to the I-864A? Or can we just bundle it all together and include one copy of the tax return?

Thanks so much.

Lewis

[Jojo92122 1,924]

OK, this is really the last question. I hope... I have filled out my I-864A and my wife has her I-864. Since we have always filed our taxes jointly, do we need to attach one copy of our 2010 income tax return to the I-864, and a second copy to the I-864A? Or can we just bundle it all together and include one copy of the tax return?

Thanks so much.

Lewis

Include a copy for each submission. Better safe than sorry.