I-864 question for joint sponsor who files jointly with spouse

[burnabrenna 19]

Hi everyone! I'm preparing everything for the NVC stage and I want to make sure that I'm not doing anything wrong.

I am the petitioner for my husband so therefore I am the primary sponsor. Since I am living in Canada with my husband right now on a visitor visa, I'm not currently working so I have no income. I've completed my I-864 as such and therefore we need a joint sponsor. My mom is being my joint sponsor and has completed an I-864 as well.

My question is whether or not her husband also needs to complete an I-864A because they file jointly. I've seen mixed answers on here, but I'm not sure which one is right. She makes enough money on her own to meet the required amount, but I have seen people say that the spouse who files jointly with them needs to fill out an I-864A to show that they are aware of the commitment.

If her husband is required to fill out an I-864A, on question #13, would my mothers name go there, or mine? From what I understand, it should be my mother's name because he is the household member to her. Is that right?

Does anyone have any advice or experience with this? Thanks!

[KayDeeCee 4,893]

If her income is enough for her own household size plus the intending immigrant, then he does not have to fill out an I-864A. It is not a requirement to do so, but can make things easier. If she wants to do it without her husband, then she should list her individual income and provide her W-2 along with the joint IRS transcript to show exactly what her income was alone. That, along with a letter from her employer and most recent pay stub(s) will prove her individual income.

If her husband goes ahead and fills out the I-864A, then yes, your mother will sign his I-864A in #13. The I-864A is a contract between the sponsor filling out the I-864(your mother in this case) and a household member(your father). Their income will be combined on her I-864 to act as joint sponsorship.

[burnabrenna 19]

If her income is enough for her own household size plus the intending immigrant, then he does not have to fill out an I-864A. It is not a requirement to do so, but can make things easier. If she wants to do it without her husband, then she should list her individual income and provide her W-2 along with the joint IRS transcript to show exactly what her income was alone. That, along with a letter from her employer and most recent pay stub(s) will prove her individual income.

If her husband goes ahead and fills out the I-864A, then yes, your mother will sign his I-864A in #13. The I-864A is a contract between the sponsor filling out the I-864(your mother in this case) and a household member(your father). Their income will be combined on her I-864 to act as joint sponsorship.

Awesome, thank you!