Clarification for I-864 / I-864A Needed - please :)

[anatidae 0]

Hi all,

I've posted on this topic before, but I think I omitted some important things. This is the second-to-last thing I have to get in order to send off my AOS, so here goes!

My husband is a full-time student, and has not filed tax returns for the past three years as he has not made enough to be required to. I know that he must fill in an I-864 anyway as my primary sponsor, and include a supporting letter explaining why he has not filed tax returns.

We live with my husband's parents. We will be relying on my mother-in-laws income as support. My father-in-law is currently unemployed. For the past three years (actually, for all years, but these are the relevant three!), they have filed taxes jointly.

1) Do my mother-in-law AND father-in-law each need to file an I-864A for me?

2) What will be put down in the TOTAL INCOME field for each year (question 11 on I-864A)?

2a) Will this be their total JOINT income, or their INDIVIDUAL incomes if they both need to fill out an I-864A?

2b) Which form do I find this number on from their tax returns and where?

3) What form will I need to photocopy and send as "the required photocopy or transcript of my Federal tax return for only the most recent tax year"? (e.g. 1040?)

Thank you so much for any help, it will be much appreciated to clear things up for me.

[Harpa Timsah 13,258]

1. It is best if the co-sponsor fill out their own I-864. That person is qualifying on her own, and it makes household count cleaner and easier. Then, if you want, the father can fill out an I-864A. If he has no income, it doesn't really matter, as he is not contributing, but they may require it.

2. It's their total income, unless they are self-employed.

3. You need a complete federal tax return, which is more than a 1040. You need everything that they would send in with a paper return, which is usually, at least, a 1040, W2s, and some schedules. If you don't know what it in their complete tax return, then you can order a tax transcript which IS their complete tax return in condensed form. That way, you do not make an error and get a RFE.

[KayDeeCee 4,896]

My answer remains the same: http://www.visajourney.com/forums/topic/384188-mother-in-law-joint-sponsoring-i-864-or-i-864a/page__view__findpost__p__5625617

She needs to fill out an I-864, not an I-864A. Her husband does not need to fill out an I-864A to go along with her I-864 because it is pointless as he has no income to combine with your mother-in-laws, which is the purpose of an I-864A.

She needs to list her individual incomes from the last 3 years on #25 of the I-864 and her current individual income as well. She provides a letter from employer and/or recent pay stub(s) to prove current individual income. She needs to provide a complete copy of her tax return that includes all forms, schedules, attachments, W-2s and/or 1099s OR a free 2011 IRS tax transcript along with a copy of her W-2 to show her own income since she files jointly with her husband.