Joint Sponsor in midst of Divorce - Question about Annual Income

[froschundblumen 25]

My husband and I are using a joint sponsor.

The joint sponsor's most recent tax transcript was filed with his then-wife and includes her income. They are currently going through divorce proceedings, but have not finalized the divorce. They live separately and do not speak.

My question is, how do we go about this? Do we just list his individual income and include W-2s along with the tax transcripts?

Should he write a letter explaining the situation?

His current household size would be 2 (him and me), but where does his ex-wife (still legally his wife) fit in?

Obviously, getting her to sign anything is not a possibility.

Thanks so much!

[KayDeeCee 4,896]

His household size is 3, himself, his spouse and you. He still legally has a spouse, so they are counted.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

Yes, have him use his individual current annual income and provide letter from employer and/or recent pay stubs to prove that amount. Provide the 2013 IRS tax transcript plus a copy of his W-2 to show his individual income from the joint taxes. He can add in a note about his separation and pending divorce, which is why his spouse is not filing an I-864A with him, if he wishes. He also needs proof of being a USC or LPR.

[froschundblumen 25]

His household size is 3, himself, his spouse and you. He still legally has a spouse, so they are counted.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

Yes, have him use his individual current annual income and provide letter from employer and/or recent pay stubs to prove that amount. Provide the 2013 IRS tax transcript plus a copy of his W-2 to show his individual income from the joint taxes. He can add in a note about his separation and pending divorce, which is why his spouse is not filing an I-864A with him, if he wishes. He also needs proof of being a USC or LPR.

Thank you! Exactly what I needed to know.

[froschundblumen 25]

His household size is 3, himself, his spouse and you. He still legally has a spouse, so they are counted.

How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

Yes, have him use his individual current annual income and provide letter from employer and/or recent pay stubs to prove that amount. Provide the 2013 IRS tax transcript plus a copy of his W-2 to show his individual income from the joint taxes. He can add in a note about his separation and pending divorce, which is why his spouse is not filing an I-864A with him, if he wishes. He also needs proof of being a USC or LPR.

One quick additional question if you don't mind,

Is it absolutely necessary to have three years worth of documents? I can definitely send in the last three tax transcripts, but he is not sure that he has the past three years W-2s.

[KayDeeCee 4,896]

No. Only the most recent year is required to be sent with the I-864. Proving proof of current income is most important. Just send the most recent year and a letter from employer and/or most recent pay stubs to prove what his current annual income is.