Affidavit of Support

[dare448 2]

As stated on my previous post, my wife (USC) and I got married last March and are just waiting for her US Passport so we can submit the I-130 (together with I-485 and I-765) application.

But apart from that, we do have questions regarding I-864. Just to give a background, my wife who's only 23 y/o (I'm 27) just started working August last year. She filed her taxes but since we were not married yet at the time she applied, she was not able to able to declare me as her dependent.

Since I-864 is requiring at least 3 years of taxes, she did not meet the requirements (she does have a letter of employment from her employer and pay slips) and asked her dad for additional support. Her dad does not live with us. Her dad has 3 more dependents living with him (wife and 2 sons).

Below are my questions:

1. Eventhough my wife has only filed her taxes for 2011, does she still need to fill out I-864?

1. Is her dad considered a joint sponsor or co-sponsor?

2. What form does her dad need to fill-out? I-864 or I-864A?

3. What would be her dad's minimum income to meet the requirements to sponsor me?

Sorry for all these questions as we don't have any legal advise. Any help is greatly appreciated. Thanks in advance.

[OIF0607 0]

1. Yes. If she is the sponsor, she needs to fill out the I-864 regardless of any other joint sponsor.

2. Her dad is a joint sponsor as are all others as this is the proper term.

3. Her dad needs to fill out the I-864 since he does not live with either of you. (One fills out the I-864a if the joint sponsor is a household member only).

4. Her dad's minimum income needs to be $33,762 per year...This is providing he lives in the continental US and is not active military. Does his wife work? Do they file jointly or separately?

According to the I-864, part 5, question 21, The sponsor enters one from line 10 who is the person being sponsored, in this case you.

a. you

Then is asks for those Persons NOT sponsored in this affidavit:

b. the sponsor

c. his wife

d. his two kids

That totals to be five.

Look on the poverty income guidelines for 2012... http://www.state.gov/documents/organization/86991.pdf

You will see that he or the total household income needs to be at least $33,762 annually.

If there are other incomes in the same household and was not included on his ITR then they can include the I-864a to add to the total household income.

[dare448 2]

1. Yes. If she is the sponsor, she needs to fill out the I-864 regardless of any other joint sponsor.

2. Her dad is a joint sponsor as are all others as this is the proper term.

3. Her dad needs to fill out the I-864 since he does not live with either of you. (One fills out the I-864a if the joint sponsor is a household member only).

4. Her dad's minimum income needs to be $33,762 per year...This is providing he lives in the continental US and is not active military. Does his wife work? Do they file jointly or separately?

According to the I-864, part 5, question 21, The sponsor enters one from line 10 who is the person being sponsored, in this case you.

a. you

Then is asks for those Persons NOT sponsored in this affidavit:

b. the sponsor

c. his wife

d. his two kids

That totals to be five.

Look on the poverty income guidelines for 2012... http://www.state.gov/documents/organization/86991.pdf

You will see that he or the total household income needs to be at least $33,762 annually.

If there are other incomes in the same household and was not included on his ITR then they can include the I-864a to add to the total household income.

Thank you so much for your response. As per dad's income, it's $40K+ (filed jointly with wife but only dad has income) so I guess we are fine.

Sorry but I have a couple more questions:

1. My father-in-law is also a US Citizen. Does he need to attach proof of citizenship along with the I-864 form?

2. Is it okay for my wife to fill-out I-864EZ instead of I-864?

Really appreciate your help. Thanks.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas; concurrent filing of an I-130 and I-485 places you on this path.

[OIF0607 0]

1. Yes. It is a good idea and I think manditory that proof of the joint sponsor lives at that address so by providing some sort of evidence that his address is that of the I-864, you are killing two birds with one stone. I simply provided the Social Security letter from the SSA as proof that my joint sponsors were indeed at the address stated on the I-864a.

1. It is ok for her to fill out the I-864ez IF she will not need a joint sponsor and you are the only person she is sponsoring and her income alone is enough to satisfy the minimum threshold amount.

[Ryan H 3,812]

1. It is ok for her to fill out the I-864ez IF she will not need a joint sponsor

Whether or not a joint sponsor is necessary has nothing to do with whether or not the I-864EZ can be used. Nowhere in the form instructions does it say the form cannot be used if there is a joint sponsor.

Near the top of the I-864EZ, there are 3 questions, if the person filling out the form can answer yes to all 3 questions, they can use the form.

[OIF0607 0]

Yep, and question #3 is:

The income you are using to qualify is based entirely on

your salary or pension and is shown on one or more Forms

W-2 provided by your employer(s) or former employer(s).

That means there is NO other place for a joint sponsor on that form such as one that may use an I-864a to meet the income requirments.

One can have another person fill out a I-864 to sponsor the immigrant using their sole income, but you can NOT use the I-864ez if you do.

[dare448 2]

Thank you guys for all your help. Really appreciate it.

[Ryan H 3,812]

One can have another person fill out a I-864 to sponsor the immigrant using their sole income, but you can NOT use the I-864ez if you do.

Perhaps I did not make my point clear, a petitioner can have a joint sponsor and fill out the EZ form. The joint sponsor can only complete an I-864.

And this post in another thread proves my point: http://www.visajourney.com/forums/topic/349966-nvc-filers-february-2012/page__view__findpost__p__5179273

Edited June 21, 2012 by Ryan H

[grrrrreat 109]

Perhaps I did not make my point clear, a petitioner can have a joint sponsor and fill out the EZ form. The joint sponsor can only complete an I-864.

And this post in another thread proves my point: http://www.visajourney.com/forums/topic/349966-nvc-filers-february-2012/page__view__findpost__p__5179273

I would think that the third question, when read literally, disqualifies petitioners who need joint sponsors from using I-864EZ:

3. The income you are using to qualify is based entirely on

your salary or pension and is shown on one or more Forms

W-2 provided by your employer(s) or former employer(s).

Because the income the petitioner is "using to qualify" is not "based entirely on" the petitioner's salary, they don't meet this criteria. Instead, the petitioner has to use other income to qualify (namely the income of their joint sponsor). That being said, I haven't heard of anyone's I-864EZ being rejected based on this.

[OIF0607 0]