Joint Sponsor Question

[augusta23 8]

Hello, I was hoping for someone to shed some light here, as we are about to file for AOS after a 2 years delay.
Here is my question:

Daughter and I are K1 - K2. Husband is our Sponsor and we are a family of four (baby is a US Citizen).
Joint Sponsor makes 40K but is on a payment plan for 30K to IRS. He is also filing tax return jointly with his wife...
Will this work?

Edited March 16, 2014 by augusta23

[KayDeeCee 4,893]

Does his wife have an income too? Does she mind filling out an I-864A to go along with his I-864? Here are the poverty guidelines > http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

[augusta23 8]

Does his wife have an income too? Does she mind filling out an I-864A to go along with his I-864? Here are the poverty guidelines > http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

I just learned that the 40K is combined.

The wife wouldn't mind filling.

So it will work?

[Maria and Jason 55]

Does he have any kids?

If his household is 2 and he is sponsoring 4 I believe he needs to be making $39,962.

I honestly don't know if his problems with the IRS affect this however...

[Zedayn 485]

The debt to IRS does not matter. What matters is the $40k income. How many are in your joint sponsor's household size? If it is just your joint sponsor plus his wife, then his household size would be 4: joint sponsor, wife, you, your daughter. According to the poverty guidelines for a household size of 4, the income needed is $29,812. I think you are fine.

[augusta23 8]

why does the wife needs to fill an I-864A? so the debt to the irs wont matter for the sponsoring? they wont debit the 30k from the 40k? another thing they are married but live separate so differents addres for the forms what about that?.and he has 1 kid but wont claim him.

[KayDeeCee 4,893]

If the $40k is combined, then that is why one fills out the I-864 and the other fills out the I-864A. That allows them to combine their incomes to meet the income requirement. His wife's income does not count for the sponsorship unless she fills out an I-864A to go along with his I-864.

If his child is a minor, then he has to be included in the household count. It does not matter if the child is not claimed on his taxes.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

[augusta23 8]

so I the main spnsor fill an I-864 him the joint sponsor the same and his wife an I-864a i made about i made 8k in 2012 and he made 40k last year is that good enough for me my son mi wife stepdaughter him and his wife? also can i send last year taxes ihavent fill this year taxes because i will loose my earned credit if wife doesnt have ssn so im waiting after she recieves her ssn to fill joint sponsor will send 2013 taxes is that ok?

his son doesnt live with him.

[KayDeeCee 4,893]

Your 8k is not part of the equation for meeting the requirement. Since you only made 8k, you do not meet the requirement and that is why you need a joint sponsor. Your income is not added with the joint sponsor's. You still need to fill out your own I-864 and provide the required supporting documents. The joint sponsor fills out an I-864 and his wife fills out an I-864A to go with his I-864 and they provide all the required documentation as listed in the I-864 and I-864A form instructions. Their incomes will be combined on his I-864 to meet the requirement for joint sponsorship. They only need to meet the requirement for their household plus the 2 intending immigrants. So far that is 4, themselves and the K-1 and K-2 that are adjusting status. Do they claim anyone else on their taxes? If the child is a minor, it does not matter if the child does not live with him, as quoted about about how to count household size. So, if the child is a minor, if the child is an adult out on their own and not claimed on his taxes, then he is not part of the count. $40k is enough for a household of up to 6, as noted in the poverty guidelines I linked above in post #2.

Edited March 17, 2014 by Jay-Kay

[augusta23 8]

child doesnt live with him and he doesnt claim him and no one else claimed on their taxes.what about the 30k debt? thanks for the help.

[aussie_jason 195]

How do they file their taxes if they are married but live separately? That would govern whether it is an I-864 and an I-864A or two separate I-864's.

[KayDeeCee 4,893]

Ugh, you are right. I missed the part about the spouse not residing with him. A spouse must share the same principal residence in order to fill out an I-864A. In that case, he needs to make enough to cover himself, his wife and the 2 intending immigrants. If he does not have enough current annual income all on his own to cover a household size of 4, then you could have him sponsor one of the intending immigrants and someone else could be a second joint sponsor to sponsor the other.

It sounds like he is paying off his IRS penalty and debt, so he is fine there because he is making payments to the IRS for it already. The debt is not an issue. Just if he has enough income for a household of 4, which is $29,812

[augusta23 8]

Does his wife have an income too? Does she mind filling out an I-864A to go along with his I-864? Here are the poverty guidelines > http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

about the i-864a they did filled taxes together married jointly but they live separate and they used his address to fill the taxes. now for the i-864a is asking for her address that it is different that what taxes show., which address to put on her i-864a?

[KayDeeCee 4,893]

about the i-864a they did filled taxes together married jointly but they live separate and they used his address to fill the taxes. now for the i-864a is asking for her address that it is different that what taxes show., which address to put on her i-864a?

She cannot do the the I-864A. She has to be residing with her spouse in order to do so. You cannot lie and state she lives with him when she does not.

http://www.uscis.gov/sites/default/files/files/form/i-864ainstr.pdf

Who May Be Considered a "Household Member" for Purposes of This Form?

For purposes of this form, a "household member" is:

A relative who has the same principal residence as the sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

[augusta23 8]

so can he sponsor or not then?