I-864 and I 864A

[tonga1 0]

I am about to submit my AOS application. My friend is sponsoring me for the I-864. He is currently married and he filed a joint tax returns with his wife. His wife didnt have any income on the tax return.Does my sponsor have let his wife also fill the I 864A?

[Penguin_ie 5,993]

yes

[Franciscus 32]

yes

I believe this is not correct, the wife only would need to file the 864A if her income was needed to go over the limit.

Source: my case was exactly like that, no 864A filed.

[Penguin_ie 5,993]

I believe this is not correct, the wife only would need to file the 864A if her income was needed to go over the limit.

Source: my case was exactly like that, no 864A filed.

When they file jointly? That is odd.

[Franciscus 32]

When they file jointly? That is odd.

I think the reasoning is simply that even if both have income, the w2 or similar shows exactly the income that comes from each. I would actually find odd that they forced you to add an extra joint sponsor when you do not need it.

[aussie_jason 195]

I think you only need the I864A if you are using the household member's income OR your evidence doesn't list the income separately, I've seen the latter result in RFE's in the past.

[tonga1 0]

Thanks for your help. I appreciate the VJ community.