i-864 sponsor co sponsor conflicting opinions

[lillico84 0]

Hi all

I just wondered if someone knowledgable can clear up a few things..

we have interview next week

my wife is USC here in uk and has filled out a i-864 as the main sponsor/petitioner but obviously doesnt meet the poverty line so we have my brother in law as my co sponsor.

He earns $$$,$$$ a year and has provided his 2013 return which would be 2012 tax year (form 1040) aswell as ssn card, drivers lic, marriage cert, pass port etc...He has only just submitted his tax return for this year so dont think we will have it yet...problem? do i need his w2?

He has completed his i864 form..stating only joint sponsor...

now people are saying his wife should fill out a i864a, but when i read the guidelines that is only required if he didnt make the poverty line.

Am i incorrect? she doesnt work so has no income.

Also we are staying with my inlaws for a month until we get into a place and i then read that my inlaws need to do i-864 aswell?

I have a signed letter from them stating temporary residence.

Thanks for your help....

[CanGirl 95]

Your in laws don't have to do i-864 unless they want to. No one is required to just because they live with you.

As long as your brother-in-law meets the poverty guideline alone, his wife will NOT have to fill out an i-864a.

[CanGirl 95]

Also your brother in law only has to include his passport to show he is a legal USC. He doesn't need to include his SSN card, drivers license, or marriage cert, or anything else.

Since he just submitted 2013 taxes his transcript won't be available yet. He will have to include his whole tax return package that he sent to the IRS.

Edited April 23, 2014 by CanGirl

[Nich-Nick 3,354]

If he provides his W2, then that will prove he earns enough on his own which is important. A joint tax return lumps the money of both spouse's together without specifying who earns what amount. If he can document (with a W2 or employment letter) that his earnings qualify, then that should do it.

An example of use of the I-864a is if he earned $15k (not qualified) and his wife earned $15k (not qualified), they could combine their incomes because they live in the same house and are related. The combined $30k qualifies. His wife would have to sign an I-864a to show she was on board with his inclusion of her income on his I-864. Since he earns enough on his own, he needs a document to prove it because the tax return does not show his and hers as separate amounts.