Joint sponsor - which forms to fill out?

[QueenOfBlades 224]

Hello all!

It's getting to the time where I'll be getting married and filing for AOS within the next month or two.

I have a question about the I-864/I-864A. My USC fiance is unemployed and he has savings of around $5000. His mom who lives with him is going to be our joint sponsor. She's retired and makes over the minimum requirement with pension/social security and has a lot in her savings and checking accounts anyway. My USC fiance has not filed tax returns in years as he's not had an income and he is listed as a dependent on his mom's tax returns.

I know he has to file an I-864 anyway as the petitioner - would his mom fill out the I-864 as well or would she fill out an I-864A? The instructions say if we are using a household member's income to meet the requirements, then include that on his I-864 and her fill out I-864A, though I'd always thought the joint sponsor fills out a separate I-864 and ticks the "I am the joint sponsor" box. Very confusing.

Could someone shed some light on this?

Edited December 6, 2013 by QueenOfBlades

[Nich-Nick 3,354]

I love it that you have been reading the instructions. A lot of people don't. Yay Queen.

Here's the concept--

If husband made $15k and Mom made $15k, neither would qualify on their own. The I-864 allows close relative household members to pool their income to make it $30k. The I864A is a little like a permission slip where Mom would allow him to use her income on his I-864.

But since he has zero income, and Mom has plenty, it is a cleaner approach to let Mom do her own separate I-864 outlining her income. It would be similar to having a person not related or not in your household to joint sponsor.

While the pooling of their income on his form is theoretically okay, it is better in my opinion to have two separate I-864s.

[Penguin_ie 5,993]

Unless they are financially tied (she claims him on her tax return as a dependant), she would fill a I-864.

[QueenOfBlades 224]

Penguin - How do you mean? He is a dependent on her tax return. He doesn't file any. From what the instructions say, I think we'll have to send off Mom's most recent tax return with a statement from my fiance saying why he didn't file any.

Nich - Thanks I always try and read up as much as poss now without asking unless I need to. I thought so too. I know I've seen posts on here saying that joint sponsors fill out a separate I-864, but the way the form/instructions put things is a tad confusing. I remember seeing the I-864A earlier in the year when they changed it all over and thinking, I have no idea how we're gonna do this, I'll approach it later because we have other things to do atm. So I imagine for my fiance then, he'll do his I-864 and leave the joint household stuff blank (where it talks about merging assets with another house member), and Mom will do hers as a joint sponsor and include her income and savings?

[Nich-Nick 3,354]

So I imagine for my fiance then, he'll do his I-864 and leave the joint household stuff blank (where it talks about merging assets with another house member), and Mom will do hers as a joint sponsor and include her income and savings?

Yes, that is exactly how I would do it. Mom can better outline her income and assets. Plus you don't have the extra documentation to prove they are related and have the same address. And you are correct, husband will have to write a statement saying he earned zero in 2013/2012/2011 and was not required to file a tax return.

[QueenOfBlades 224]

Yes, that is exactly how I would do it. Mom can better outline her income and assets. Plus you don't have the extra documentation to prove they are related and have the same address. And you are correct, husband will have to write a statement saying he earned zero in 2013/2012/2011 and was not required to file a tax return.

Thanks for the response - On fiance/future hubby's I-864 when it asks for household count, would he then put 2 as it will be me, him and Mom? As she is not a dependent and his only dependent is me; then Mom will do household count as 3 as we will both be her dependents?

[Nich-Nick 3,354]

Thanks for the response - On fiance/future hubby's I-864 when it asks for household count, would he then put 2 as it will be me, him and Mom? As she is not a dependent and his only dependent is me; then Mom will do household count as 3 as we will both be her dependents?

Yes the counts are correct, but you are not their dependent (which is often a tax word). You are the immigrant they are covering. I just wanted to clarify that Mom can't list you on her next tax return as a " dependent".

[aaron2020 11,651]

Thanks for the response - On fiance/future hubby's I-864 when it asks for household count, would he then put 2 as it will be me, him and Mom? As she is not a dependent and his only dependent is me; then Mom will do household count as 3 as we will both be her dependents?

Fiance's I-864: household count of 2 - petitioner and intending immigrant

Mom' I-864 as Joint Sponsor: household count of 3 - Joint Sponsor, her tax dependent son, and the intending immigrant.