Does a spouse need to file I-864A because we file joint taxes

[champi 13]

Hello All,

I tried to search for reason to file I-864A and in most cases it is used for joint sponsorship. In our case, my husband is sponsoring his mother and his income is well beyond the required level so he does not need my help in sponsoring his mother. he'll fill out I-864 as required. However, my question is, do I still have to fill out form I-864A because my husband and I file taxes jointly?

I was wondering if we could just specify his income alone in form I-864 and then provide W2s as a supporting evidence of his alone-income even though tax transcript will list our joint income. So basically, send tax transcript of last 3 years as required but add supporting evidence of his alone-income such as W2s of last 3 years, pay stubs for last 3 to 6 months, and income verification letter from his employer.

I apologize if this question was already asked. I did make sincere effort to search it but couldn't find anything related to ours situation.

[TimeTravel 78]

Hello All,

I tried to search for reason to file I-864A and in most cases it is used for joint sponsorship. In our case, my husband is sponsoring his mother and his income is well beyond the required level so he does not need my help in sponsoring his mother. he'll fill out I-864 as required. However, my question is, do I still have to fill out form I-864A because my husband and I file taxes jointly?

I was wondering if we could just specify his income alone in form I-864 and then provide W2s as a supporting evidence of his alone-income even though tax transcript will list our joint income. So basically, send tax transcript of last 3 years as required but add supporting evidence of his alone-income such as W2s of last 3 years, pay stubs for last 3 to 6 months, and income verification letter from his employer.

I apologize if this question was already asked. I did make sincere effort to search it but couldn't find anything related to ours situation.

It is better if you can sign I-864A. Generally consulate may need it to make sure that sponsor's spouse is aware about this I-864 commitment.

[champi 13]

It is better if you can sign I-864A. Generally consulate may need it to make sure that sponsor's spouse is aware about this I-864 commitment.

Oh, i never though of that. Thanks!!! It's not at all a burden to fill out one more form. However, even then, we should only list our individual income for last 3 years in Question 25, right?

[CPBDDO 5]

Oh, i never though of that. Thanks!!! It's not at all a burden to fill out one more form. However, even then, we should only list our individual income for last 3 years in Question 25, right?

It should be the total income from your tax return. It will be the same on both of your 864 forms.

[champi 13]

It should be the total income from your tax return. It will be the same on both of your 864 forms.

Thanks CPBDDO!!

[champi 13]

Now that I'll have to fill out I-864A, Here are the documents we think we need to send. The driver licenses copy is to show we live together. It's kind of proved by joint tax return, but adding addition evidence just to be on safe side. Anything I am missing or anything we're adding too much?

Package for for I-864

1. Bar Coded Cover sheet

2. Completed and signed form I-864 by my husband

3. Completed and signed form I-864A by me

4. 2009 Tax Transcript for Joint tax filed

5. 2010 Tax Transcript for Joint tax filed

6. 2011 Tax Transcript for Joint tax filed

7. Husband's 2012 W-2s

8. My 2012 W2

9. Husband Employment letter

10. My Employment letter

11. Husband's pay stubs from the most recent six months

12. My pay stubs from the most recent six months

13. Copy of Husband's Driver License

14. Copy of my Driver License

Edited February 17, 2013 by champi

[champi 13]

I am confused again. In the first page of I-864A instruction states following:

"Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household meember chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements."

Since my husband's income is sufficient enough and we do not plan to use any other assets to meet the requirement, do I still need to file I-864A form? We do plan to send his w2s, paystubs, etc as proof of his stated income in the form.

[TimeTravel 78]

I am confused again. In the first page of I-864A instruction states following:

"Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household meember chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements."

Since my husband's income is sufficient enough and we do not plan to use any other assets to meet the requirement, do I still need to file I-864A form? We do plan to send his w2s, paystubs, etc as proof of his stated income in the form.

Like I said before, sometimes they require I-864A to ensure that sponsor's spouse is aware about this legal I-864 commitment. But if you dont feel to sign it now, then you can skip it. If Consulate requires for your case, then they will issue 221g to submit I-864A.

[champi 13]

Like I said before, sometimes they require I-864A to ensure that sponsor's spouse is aware about this legal I-864 commitment. But if you dont feel to sign it now, then you can skip it. If Consulate requires for your case, then they will issue 221g to submit I-864A.

Thanks iwaiting, do you know of anyone to whom this 221g happened at Mumbai consulate?

[champi 13]

Hello VJ friends,

I asked this question in NVC forum and NVC Feb thread but but have conflicting answer so I am hoping some of you can share your experiences/suggestions. In our case, my husband will be sponsoring his mother now that I-130 is approved. His income is well above the required level so he does not need my help in meeting income requirements to sponsor his mother. Also, he will not be using any of our joint assets (bank account, property, etc) to meet the income requirements. But, we are confused whether we need to file I-864A along with I-864.

Reasons we think I, as a spouse and household member, needs to fill I-864A:

1. We file taxes jointly. If we use his income alone on I-864 form, those numbers will not match up the gross income stated on IRS Transcripts. Concern here is that this will trigger RFE.

2. Someone on VJ pointed out that NVC wants to ensure that spouse is aware of the promise/contract the other spouse is making with I-864 and therefore they prefer one of the spouse to file I-864A such that the other spouse is aware.

Reasons we think I do not need to fill I-864A:

1. In the first page of I-864A, following is stated. "Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements." This sounds like we don't need to fill out I-864A.

2. To support his individual income, we do plan to send evidences such as his W2s, pay stubs, and employment verification letter. So even if the numbers do not match up, the evidence will match the income numbers in I-864.

One member has suggested spouse do not need to file I-864a is it is only used if petitioner does not meet income criteria. Another member has said that some consulate prefers spouse fill it out so the spouse understands the obligation taken by the petitioner, otherwise consulate may issue 221g at later time. I certainly don't want to risk delaying process in any way. I hope I can find more responses to make good decision.

Edited February 18, 2013 by champi

[TimeTravel 78]

Thanks iwaiting, do you know of anyone to whom this 221g happened at Mumbai consulate?

It happened to me.

[CPBDDO 5]

1. We file taxes jointly. If we use his income alone on I-864 form, those numbers will not match up the gross income stated on IRS Transcripts. Concern here is that this will trigger RFE.

First, line 25 on the 864 says "total" income and not "gross" income. This is from line 22 of your 1040. It seems you are concerned that line 25 will be higher than line 24c total household income. Why? Its like saying I'm afraid the IRS will wonder why I reported more income than is on a 1099. I cannot see why the NVC would care if your joint tax return shows more income than the petitioner person earns, as this would be the case on most I-864's sponsoring a parent. Having too much income is not a problem.

If you are worried about it, then file the I-864A to make you not worry if it should be filed. How could it hurt?

[champi 13]

Hello VJ friends,

I asked this question in NVC forum and in Feb NVC thread but I got conflicting answer so I was hoping to get more responses to be able to make right decision.

My husband will be sponsoring his mother now that I-130 is approved. His income is well above the required level so he does not need my help in meeting income requirements to sponsor his mother. Also, he will not be using any of our joint assets (bank account, property, etc) to meet the income requirements. But, we are confused whether we need to file I-864A along with I-864.

Reasons we think I, as a spouse and household member, needs to fill I-864A:

1. We file taxes jointly. If we use his income alone on I-864 form, those numbers will not match up the gross income stated on IRS Transcripts. Concern here is that this will trigger RFE.

2. Someone on VJ pointed out that NVC wants to ensure that spouse is aware of the promise/contract the other spouse is making with I-864 and therefore they prefer one of the spouse to file I-864A such that the other spouse is aware.

Reasons we think I do not need to fill I-864A:

1. In the first page of I-864A, following is stated. "Form I-864A may only be used when a sponsor's income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements." This sounds like we don't need to fill out I-864A.

2. To support his individual income, we do plan to send evidences such as his W2s, pay stubs, and employment verification letter. So even if the numbers do not match up, the evidence will match the income numbers in I-864.

One of the VJ member mentioned that no need to file I-864a since my husband already meets the requirement of income. However, another VJ member mentioned that some consulate wants to make sure that spouse is ware of the commitment petitioner is making with I-864a and that's why some consulate may issue 221g at interview time if I-864a is not included.

I am hoping if you can share your suggestions/experiences about this situation. Has anyone filed just I-864 when sponsoring a parent without having to file I-864a?

[champi 13]

It happened to me.

Yikes, sorry to hear that. I'll be safe and file it. Thanks.

[champi 13]

First, line 25 on the 864 says "total" income and not "gross" income. This is from line 22 of your 1040. It seems you are concerned that line 25 will be higher than line 24c total household income. Why? Its like saying I'm afraid the IRS will wonder why I reported more income than is on a 1099. I cannot see why the NVC would care if your joint tax return shows more income than the petitioner person earns, as this would be the case on most I-864's sponsoring a parent. Having too much income is not a problem.

If you are worried about it, then file the I-864A to make you not worry if it should be filed. How could it hurt?

Yah, bit worried of delays so I guess I'll file it. I agree I shouldn't fret over these details specially when income amount is not even an issue. But I've habit of making sure of things 10 times. Just so I understand it correctly,

1. Line 23 and line 24a on I-864 should be the annual salary (before any tax or deduction)?

2. For question 25 on I-864, I'll need to put joint income of whatever is in line 22 of tax returns?

3. Line 10 and line 24a on I-864A should be the annual salary (before any tax or deduction)?

4. For question 11 on I-864A, I'll need to put joint income of whatever is in line 22 of tax returns?

For 2012, since we've not filed taxes, we'll need to supply our W2s and 1099s. Also, as evidence of our current come, we'll both have to include employment verification letter, right?