I-864A question about sponsor

[sharaby03 0]

I have two important questions. My wife had an interview back in august of 2013 and was told she needed a second joint sponsor. My dad was the main sponsor. I never filed for a I-864 because I was living out of the country for two years before I met my wife. I had no income to prove... They told my wife she has one year to get a second sponsor and I guess they told her they needed some letter from me written and signed that I didn't make any money in the past 3 years and did not file for taxes.. Here is my question now, I have my uncle who's willing to be a second joint sponsor next to my dad to fill the poverty guideline requirements. His tax returns say Married Filing Joint. He makes well much over the poverty guideline, around 400,000 a year dollars god bless. My question is this, since he files Married Joint Filing, does his wife have to do a I-864A ? even though she doesn't work? or is a I-864 for my uncle enough? Second question is should I submit a I-864 on my behalf?

[NikLR 13,227]

First, as the petitioner you are always the main sponsor. You need to still sign a completed I-864 and then provide a letter explaining why you havent filed taxes for the time period.

Secondly you should forget about your father as a joint sponsor if he doesn't meet the poverty guidelines.

Third, you have two choices. I recommend your uncle provide and I-864 with required documents and his wife provide an I-864a. This way they can send a tax return transcipt vs the entire tax return. Or your uncle can provide only his I-864 and his entire return to prove only his income. Normally the second is a lot more paperwork to be honest.

Edited May 11, 2014 by NLR

[aleful 1,905]

hi

ditto, you as the primary sponsor have to fill out an i864, even if you make $0 income with a letter explaining why you didn't file taxes

in the second place, if your father didn't meet the requirements he shouldn't have been the joint sponsor

have your uncle file the i864 as joint sponsor and his wife the i864A

[pushbrk 12,910]

hi

ditto, you as the primary sponsor have to fill out an i864, even if you make $0 income with a letter explaining why you didn't file taxes

in the second place, if your father didn't meet the requirements he shouldn't have been the joint sponsor

have your uncle file the i864 as joint sponsor and his wife the i864A

This is the safe answer. When filing taxes jointly, have the spouse do the I-864a. It keeps you from having them request it later. Remember, the affidavit of support is not just a document to show evidence you have a willing qualified sponsor. It is also and actually PRIMARILY a contract between the sponsor and the US government. THAT is why the PETITIONER....MUST.....ALWAYS provide a signed and completed I-864a. If there's no income, you also leave the asset portion blank but you MUST sign the contract as the primary sponsor.

You don't need a letter of explanation. If you had no income, simply hand write in the past tax information section, "No tax returns because income below filing threshold."

Edited May 11, 2014 by pushbrk

[sharaby03 0]

Well these documents were already sent and she already had an Interview, they asked her for a second joint sponsor and a written letter from me saying I don't make money. They never asked her for me to fill out a I-864. So i guess I will. My dad had made enough but because we had a baby and I was out of a job he considered us 3 instead of just my wife even though I gave citizenship to my daughter.

As for my uncle, like I said on the fiiling joint tax return it shows him as the primary Social Security and the tax return for him and his wife is 400,000. Even if it says 400,000 does his wife still need to file a I-864A even if the money is enough and she doesn't work but they just file jointly?

[sharaby03 0]

This is what the embassy gave her back asking her what she needs to complete the case.

Edited May 11, 2014 by sharaby03

[Lakehouse 293]

Well these documents were already sent and she already had an Interview, they asked her for a second joint sponsor and a written letter from me saying I don't make money. They never asked her for me to fill out a I-864. So i guess I will. My dad had made enough but because we had a baby and I was out of a job he considered us 3 instead of just my wife even though I gave citizenship to my daughter.

As for my uncle, like I said on the fiiling joint tax return it shows him as the primary Social Security and the tax return for him and his wife is 400,000. Even if it says 400,000 does his wife still need to file a I-864A even if the money is enough and she doesn't work but they just file jointly?

As already mentioned above, your joint sponsor's wife doesn't HAVE to fill out the 864a, but it is ideal. If she doesn't, then the joint sponsor must at least include the W2 along with the transcripts.

[sharaby03 0]

He left the country, he will be long gone before she has time to go submit the documents. Is the tax return alone just fine? or would a I-864a be a must if he doesn't have his W2.

Edited May 11, 2014 by sharaby03

[pushbrk 12,910]

Well these documents were already sent and she already had an Interview, they asked her for a second joint sponsor and a written letter from me saying I don't make money. They never asked her for me to fill out a I-864. So i guess I will. My dad had made enough but because we had a baby and I was out of a job he considered us 3 instead of just my wife even though I gave citizenship to my daughter.

As for my uncle, like I said on the fiiling joint tax return it shows him as the primary Social Security and the tax return for him and his wife is 400,000. Even if it says 400,000 does his wife still need to file a I-864A even if the money is enough and she doesn't work but they just file jointly?

In my opinion, it would be foolish to provide the affidavit without an I-864a from the joint filing spouse. It might work, but if it doesn't, you'll see another delay while you get that signed and sent in.

[sharaby03 0]

For this part, if his wife whos doing this I-864a doesn't make any money. What should she put in this section provided in the picture. Put the same amount tha her husband put on the I-864 since they are filing married joint?

[pushbrk 12,910]

If she has no income enter $0 for current income. In the tax section, enter the total income from the tax return, exactly as you entered it on the Uncle's affidavit.

[sharaby03 0]

Okay so should I have her check the box for "I have Filed federal tax return for each three years", and have her put 0 where it says individual income but on the total income tax, have her put the full amount shown on the Married Filing joint return, right?

or should I have her just leave section 11 blank and put 0 in section 10

Edited May 11, 2014 by sharaby03

[pushbrk 12,910]

Isn't that what I said?

[sharaby03 0]

I'm just confirming because man its been since beginning of last year and I had to much patience if you feel me. I'm sorry to sound annoying and double checking everything.

[sharaby03 0]

I was just curious if she should check that box for "I filed" or leave it alone because she didn't file anything. Her husband is the one who filed.