Adjustment of Status after K1 visa. i864 help?

[A.M.E 1]

Hi everyone,

So I'm almost done with all the paperwork, got the three different folders (AoS, AP & EAD), and I have a question regarding the sponsorship form (I-864 form). My husband is unemployed at the moment and thats why we got a joint sponsor. I know my husband is supposed to fill it out even though he currently has no income. The question is: does my joint sponsor have to fill out the same form or the I-864a form instead? I gave the I-864 to him. Should it have been the short one?

Thanks in advance

[KayDeeCee 4,893]

The I-864 is for a joint sponsor. A joint sponsor never fills out an I-864A. The I-864A is not a shorter version of the I-864. The I-864A is used by a qualifying household member to combine incomes with that of the sponsor filling out an I-864. For example: if your joint sponsor is married and files taxes jointly with their spouse, then the spouse can fill out an I-864A to go along with, and have their incomes combined on their spouse's I-864 for the joint sponsorship.

Edited June 25, 2014 by KayDeeCee

[A.M.E 1]

The I-864 is for a joint sponsor. A joint sponsor never fills out an I-864A. The I-864A is not a shorter version of the I-864. The I-864A is used by a qualifying household member to combine incomes with that of the sponsor filling out an I-864. For example: if your joint sponsor is married and files taxes jointly with their spouse, then the spouse can fill out an I-864A to go along with, and have their incomes combined on their spouse's I-864 for the joint sponsorship.

Oh I see, in fact my joint sponsor is married... and he does file taxes jointly with his wife... so does that means that she has to fill out the I-864A form or is it optional? Cause I remember reading on the I-864 that if anyone from the household had their income added to my joint sponsor's then they would be supposed to fill out the I-864A. He didn't include his wife's income even though he files his taxes together with hers. Speaking of that, when they ask for "individual annual income" is it gross income?

Edited June 25, 2014 by alexandlessa

[KayDeeCee 4,893]

It is optional, but not unheard of for the USCIS to request an I-864A from a spouse. If he meets the income requirement on his own for his household size plus the intending immigrant, then he can go ahead and not have his wife fill out an I-864A and only worry about it if they happen to request it.

He needs to list their joint total income for the last 3 years of taxes where it asks though, whatever is the Total Income listed on line 22 of the 1040 forms. With his most recent IRS transcript, he should go ahead and also include a copy of his W-2 to show his individual income from the tax return.

He would list his individual current annual income where it asks. It is gross income, whatever he makes weekly before taxes times 52 weeks, or if paid bi-weekly, multiplied by 26 weeks. That will give his individual current annual income. He should also supply a letter from employer and/or most recent pay stubs to prove his current individual income. A joint sponsor also needs to include proof of being a USC or LPR.

[A.M.E 1]

Hm I see so it's more complicated than I thought it would be. If his wife fills out the I-864 then he won't need to send the W-2 form? I thought a copy of the 1040 would be enough...

[KayDeeCee 4,893]

Anyone filling out an I-864 or I-864A must submit a complete copy of their return(not just the 1040 alone), which is all forms, schedules, attachments, W-2s and or 1099s, OR a free IRS tax return transcript > http://www.irs.gov/Individuals/Get-Transcript

If the spouse fills out an I-864A, and they use an IRS transcript, then no need for a copy of the W-2. If the spouse does not fill out an I-864A, then he should include a copy of the W-2 and the tax transcript to show his individual income from the 2013 tax return.

Edited June 25, 2014 by KayDeeCee

[A.M.E 1]

You said that anyone filling out the I-864 or the I-864a forms are supposed to submit a complete copy of their tax return. So does that mean that if I didn't need a joint sponsor, and my husband (the petitioner) was the only one sponsoring me, he would be supposed to submit a complete copy of his tax return as well? Or is that "rule" just for joint sponsors?

[KayDeeCee 4,893]

For everyone. Your husband still has to fill out his own I-864 and provide his most recent tax transcript too, even when using a joint sponsor.

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

[A.M.E 1]

I have another question, in fact I should have said this before. The joint sponsor will be my husband's stepfather. We all live in the same house, therefore we're all in the same household. My husband doesn't file taxes, so his stepfather and his mother file their taxes jointly and have been adding my husband as a dependent. So, because we're in the same household, should my joint sponsor (my husband's stepfather) fill out the I-864a instead of the I-864? Or should he fill out the I-864 under all circumstances?

Edited June 26, 2014 by alexandlessa

[KayDeeCee 4,893]

Ok, the parents claim him as a dependent on their taxes, so he is also part of their household. If they have no other dependents, then the household count on the father's affidavit will come out to 4, himself, spouse, the USC petitioner that is claimed on their taxes, and the immigrant spouse being sponsored.

The I-864A allows household members to combine their income with the sponsor to meet the requirement. Your husband currently has no income to combine with though. I still think your husband should fill out his I-864, then the father do a separate I-864 and the mom do an I-864A to go along with the father's I-864.

If your husband did not file taxes for any or all of the last 3 years, then he needs to provide a statement as to why he was not legally required to file, such as his income being too low.

[A.M.E 1]

Ok, the parents claim him as a dependent on their taxes, so he is also part of their household. If they have no other dependents, then the household count on the father's affidavit will come out to 4, himself, spouse, the USC petitioner that is claimed on their taxes, and the immigrant spouse being sponsored.

The I-864A allows household members to combine their income with the sponsor to meet the requirement. Your husband currently has no income to combine with though. I still think your husband should fill out his I-864, then the father do a separate I-864 and the mom do an I-864A to go along with the father's I-864.

If your husband did not file taxes for any or all of the last 3 years, then he needs to provide a statement as to why he was not legally required to file, such as his income being too low.

Ok thank you KayDeeCee, the whole sponsorship thing makes alot more sense to me now. I saw another post in another website, someone saying that in case the joint sponsor is in the same household, he/she should be filling out the I-864A instead, I am still a little confused about that specific part and will do more research. If you find anything, please let me know. If I call the immigration services to ask them directly that question, should I call USCIS? Thank you so much.

[KayDeeCee 4,893]

The USCIS will be of no help and do not tend to give out advice on how to fill out the forms. If they do, it could be the wrong information anyway. Someone that resides with you does not have to fill out an I-864A. They can be a household member that agrees to combine their income and/or assets with the person filling out the I-864, but this is not a requirement. The father is basically the head of the household and your husband is claimed by him as a dependent. It makes more sense(and will have an accurate household count) for him to fill out an I-864 as a joint sponsor, than agree to combine incomes with someone that has no income to combine with and is his dependent. The combined income tally on your husband's I-864 would solely be that of the father anyway, so why not just be the joint sponsor?

You can choose to do it either way though. They will still need to provide their tax transcripts or a statement as to why they did not have to file. The father will also have to provide proof that they share the same residence and of their relationship to one another if you choose the I-864A.

Research by reading through the I-864 and I-864A instructions.

Here is a thread from a couple years ago. You can see the same advice given to that poster. They went with the separate I-864 for parent as joint sponsor, and of course it worked out well. > http://www.visajourney.com/forums/topic/351362-i864-or-i864a/

Edited June 27, 2014 by KayDeeCee

[A.M.E 1]

Yaaaay!!!! Thank you so much KayDeeCee! That's all I wanted, to know about some couple that went through the same and it ended up working out just fine. Yes, it does make much more sense to have my husband's stepfather to fill out a separate I-864 (which he already did) and his wife fill out the I-864a and then combine both incomes. So about the tax return, would you recommend to send the whole pile of papers (W2, 1040, 1099, etc) or to get a IRS tax transcript? And I'll make sure they give me proof of citizenship as well. Again, thanks!!!!

Edited June 27, 2014 by alexandlessa

[KayDeeCee 4,893]

I suggest they get the IRS tax return transcript. It is easy to get. You can just print it out from online now. It is less pages to deal with and no risk of an RFE because you forgot any of the tax return papers. You are welcome and good luck!