I-864A question about sponsor

[pushbrk 12,910]

She filed. They filed jointly.

[sharaby03 0]

Shes telling me she didn't file, her husband claims her so he filed jointly so even if she didn't file, is it considered that she still filed? sorry last question

[NikLR 13,227]

Yes that's considered that she still filed.

I filed MFJ with my husband this year. I didn't do any of the paperwork, he did, but I still filed.

[pushbrk 12,910]

Correct. Filing jointly does not require any action on the spouse, except a signature and then only if filing on paper. Electronic filing requires no hand signature, just information. She has no idea about taxes but a joint filing means she filed.

[sharaby03 0]

okay she has the same last name as her husband, do they need to provide proof of relationship, also does she need to provide proof of citizenship? because its not asked on the i864a instructions. Just shows on I-864. She cant provide proof of citizenship because she'll have to order a passport which is to much already asking for what they are doing. would sending just the I-864a with her signature be enough?

[sharaby03 0]

Does the household member filling out I-864a need to provide proof of citizenship?

Also her husband doing the I-864 has his IRS Return Transcripts that shows they file Married Joint Filing and her Name is on there, would that be enough to prove relationship?

[pushbrk 12,910]

They should both show evidence of legal status in the US or US Citizenship. It could be a copy of US passport, birth certificate (if born in USA) or a Naturalization Certificate. No need for additional evidence of relationship beyond the married filing jointly tax return. Evidence of their relationship to your or your spouse is not specifically required but you should be able to explain why they are willing to act as sponsors.

[sharaby03 0]

So my uncle is going to be a joint sponsor, He makes all the money in the house hold so hes the primary sponsor filing I-864. He files married joint filing on his taxes. I was thinking his wife has to provide a I-864a to prove how much she makes since its Married Joint Filing. He doesn't want to involve his wife so hes telling me he can provide W2's for his tax returns. Would that be sufficient to leave his wife out of the whole picture even though he files joint taxes.

[Lakehouse 293]

So my uncle is going to be a joint sponsor, He makes all the money in the house hold so hes the primary sponsor filing I-864. He files married joint filing on his taxes. I was thinking his wife has to provide a I-864a to prove how much she makes since its Married Joint Filing. He doesn't want to involve his wife so hes telling me he can provide W2's for his tax returns. Would that be sufficient to leave his wife out of the whole picture even though he files joint taxes.

First of all, the primary sponsor is always the petitioner. They must fill out an I864.

The joint sponsor, your uncle fills out an I864, and you're essentially correct that he can provide the transcripts (or complete tax return) and must include W2's if his wife is not filling out an I864a.

[Apsj29 2]

Yes, proof of US citizenship is required if the household member is a US citizen. Otherwise a copy of the US permanent residence card (front and back) is required.

For your second question, I'm not totally clear on what exactly you're asking.

[NikLR 13,227]

yes that's enough proof if they are spouses. If they are not spouses, no it's not.

[Lakehouse 293]

Does the household member filling out I-864a need to provide proof of citizenship?

Also her husband doing the I-864 has his IRS Return Transcripts that shows they file Married Joint Filing and her Name is on there, would that be enough to prove relationship?

So you're talking about whether your uncle's wife would need to provide proof of citizenship if she files the I864a.... I know this as I've just answered another question for you in the other thread:)

I don't actually see on the instructions or I864a form where it states clearly about citizenship, but obviously the 'sponsor' using that form has to have filed US taxes... and I do know that on the instructions for the I864 it clearly states proof is required for joint and substitute sponsors... on page 4, number 5 of the instructions.

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

As for the 2nd question, the husband and wife wouldn't have to prove relationship, as it shows via their tax forms. As I understand it, that evidence is only required when a petitioner/ original sponsor is using a household/ family member's income via an I864a, so they must prove relationship ties. They just both need proof of US status as per the instructions.

[sharaby03 0]

will a copy of his W2 be fine along with the IRS transcript or does it have to be the original W2 form?

[Ryan H 3,812]

Similar topics merged.

[sharaby03 0]

Okay to sum up this head ache that I have. My uncle makes all the money in the house hold, he doesn't want to involve his wife since they file joint married.. He will send his IRS Tax return transcript. Does he have to send in the original W2 form or can he just send a copy of it. and will a copy of the W2 be enough to support the IRS transcript even though it doesn't show a break down of who makes who on the transcript. The reason for this excessive checking, I'm thinking the embassy can say will this is a copy of the w2 that could have made up numbers and its fake and the wife makes all the money and not my uncle. Wil the IRS transcript and copy of my uncles W2 be enough?????