Joint Sponsor Affidavit of Support - does the joint sponsor also need to fill in an i-864?

[anon2018 5]

Hello everyone,

I am in the process of filing for adjustment of status, and I will have two sponsors - my wife, and my father-in-law. The i-864 affidavit of support is confusing, as I am not sure whether my father in law (who lives at a separate address from my wife and I (in our own apartment)) counts towards our household size. Also, would he also need to fill in an i-864 Affidavit of Support separately from my wife? If so, what would *his* household size be, if separate from my wife and I?

This is very confusing! Could anyone shine any light on this?

EDIT: As an aside, the reason for a joint sponsor is that whilst my wife makes well above the poverty guidelines this year (tax year 2014), her previous tax returns are below it (as she was a student for most of this time). Is a joint sponsor even necessary? We are leaning towards using my father in law in addition, just to be safe!

Thank you!

Edited August 3, 2014 by jgadsby

[Hypnos 6,578]

If your wife can show a letter from her employer and / or pay stubs indicating that she currently earns over the poverty level for your household size then a joint sponsor is unnecessary.

For the information of others though, if you were to use a joint sponsor then he would not be counted as part of your household, but you individually would be considered as part of his. He would complete his own I-864.

Edited August 3, 2014 by Hypnos

[anon2018 5]

If your wife can show a letter from her employer and / or pay stubs indicating that she currently earns over the poverty level for your household size then a joint sponsor is unnecessary.

For the information of others though, if you were to use a joint sponsor then he would not be counted as part of your household, but you individually would be considered as part of his. He would complete his own I-864.

Would the information about the previous tax years and their income not count against us or 'mark us down' - even cause a denial, though? Especially as this is the first year she has overcome that threshold? I suppose it would be just a matter of backing all this up with as much evidence as possible?

[tanak45 17]

I was told because I didn't make enough last year, but i will make enough this, I needed a co sponser

[tanak45 17]

An do I need letter from employer, or just pay stubs?

[anon2018 5]

I was told because I didn't make enough last year, but i will make enough this, I needed a co sponser

Did USCIS tell you that in a RFE?

[tanak45 17]

Not in RFE, but on the phone

[Nich-Nick 3,354]

Would the information about the previous tax years and their income not count against us or 'mark us down' - even cause a denial, though? Especially as this is the first year she has overcome that threshold? I suppose it would be just a matter of backing all this up with as much evidence as possible?

Post #2 -Hypnos is an experienced and knowledgeable member. Go with that answer. It is correct. Nowhere in the instructions does it say you have to be over the threshhold for three full years. Provide an employer letter and 6 months of pay stubs to prove her current income. (And the required 2013 tax return, which is her most recent one).

[KayDeeCee 4,896]

I was told because I didn't make enough last year, but i will make enough this, I needed a co sponser

From your timeline it appears you have not even had the interview for the K-1 visa yet. Is that correct? You will use the I-134, and what is required is different from one country to the next. Also, the USCIS would not be who to ask about the K-1 interview. That would be the DoS and your consulate. If you spoke to a customer service rep at the USCIS hotline number, then getting misinformation is highly likely.

For the OP> List your current annual income and provide a letter from employer and/or recent pay stubs to prove your current income meets the requirement. If they believe your overall case situation makes you in need of a joint sponsor, then they will send an RFE and you can provide one then.

[anon2018 5]

Post #2 -Hypnos is an experienced and knowledgeable member. Go with that answer. It is correct. Nowhere in the instructions does it say you have to be over the threshhold for three full years. Provide an employer letter and 6 months of pay stubs to prove her current income. (And the required 2013 tax return, which is her most recent one).

Apologies for being overly concerned - it's just that obviously with filing employment authorization at the same time, it's really important we get the AOS right the first time (without a RFE) as that would delay the whole process by weeks (thus preventing me from starting work for longer). If it is essentially guaranteed that because my wife's current income is over the poverty guidelines, that we won't get RFEd or delayed, then it saves a lot of time getting my father in law to dig out his tax documents.

BUT, of course, if it so happens that we DO get an RFE, it would have been worth sacrificing the few days it takes to get that information in order to be 100% that everything is in place.

Edited August 3, 2014 by jgadsby

[anon2018 5]

Actually, my worries are kind of irrelevant if the EAD application is processed separately from the AOS! Whether or not I get a RFE, it shouldn't delay the EAD - is that correct?

Edited August 3, 2014 by jgadsby

[Nich-Nick 3,354]

Apologies for being overly concerned - it's just that obviously with filing employment authorization at the same time, it's really important we get the AOS right the first time (without a RFE) as that would delay the whole process by weeks (thus preventing me from starting work for longer). If it is essentially guaranteed that because my wife's current income is over the poverty guidelines, that we won't get RFEd or delayed, then it saves a lot of time getting my father in law to dig out his tax documents.

BUT, of course, if it so happens that we DO get an RFE, it would have been worth sacrificing the few days it takes to get that information in order to be 100% that everything is in place.

No need to apologize to me. I was only agreeing with Hypnos without repeating exactly what he said. Sometimes less experienced answers come in and cause confusion.

Here's what I know. They don't count off, as in grading her on three years. They want to know you can be supported now...currently. If it is a good job, with a good income then they will know. If she makes only $1 over the threshhold and her job is painting elf shoes only in December, then maybe not. But I am assuming she finished school and got a decent job that you described as WELL over the poverty level. And she will get an employer letter stating her job and salary, and that it is full-time (as opposed to seasonal or only12 hours a week).

I know many people get their EAD well before an adjudicator evaluates the specifics of the I-864. An early RFE that could pause things would be if you left a required piece out like forgot to sign, didn't include at least one tax return or transcript. The people that open the mail and check for completeness are not making a judgement on her income. They are merely making sure you sent the required things in. Yes early RFEs state "you do not make the required income" but that is government talk for "your form says you make enough but there is no documentation in this packet to prove it. So, without proof, we count it as zero income". Get your documentation correctly included and you should not be held up. Put the employer letter and paystubs on top of the pile with the weak tax return at the bottom. circle the gross income on the pay stubs so they find it easily. Connect the dots for them.

If the father in law wants his tax stuff quickly, then he goes to the IRS web site and can print off a transcript. Takes two minutes and done for the tax requirement. Gathering paystubs and proof he is a US citizen may take longer than two minutes.

You do what you feel comfortable with.

[anon2018 5]

No need to apologize to me. I was only agreeing with Hypnos without repeating exactly what he said. Sometimes less experienced answers come in and cause confusion.

Here's what I know. They don't count off, as in grading her on three years. They want to know you can be supported now...currently. If it is a good job, with a good income then they will know. If she makes only $1 over the threshhold and her job is painting elf shoes only in December, then maybe not. But I am assuming she finished school and got a decent job that you described as WELL over the poverty level. And she will get an employer letter stating her job and salary, and that it is full-time (as opposed to seasonal or only12 hours a week).

I know many people get their EAD well before an adjudicator evaluates the specifics of the I-864. An early RFE that could pause things would be if you left a required piece out like forgot to sign, didn't include at least one tax return or transcript. The people that open the mail and check for completeness are not making a judgement on her income. They are merely making sure you sent the required things in. Yes early RFEs state "you do not make the required income" but that is government talk for "your form says you make enough but there is no documentation in this packet to prove it. So, without proof, we count it as zero income". Get your documentation correctly included and you should not be held up. Put the employer letter and paystubs on top of the pile with the weak tax return at the bottom. circle the gross income on the pay stubs so they find it easily. Connect the dots for them.

If the father in law wants his tax stuff quickly, then he goes to the IRS web site and can print off a transcript. Takes two minutes and done for the tax requirement. Gathering paystubs and proof he is a US citizen may take longer than two minutes.

You do what you feel comfortable with.

Thank you so much for all this! One thought I just had regards the circumstances for a (what sounds like unlikely) RFE. I know that with work schedules, it will likely take a while to get everything together needed for my father in law to joint sponsor me. If I send off my AOS packet with just my wife's affidavit, and subsequently prepare my father in law's affidavit and information, then an RFE could be responded to in the time it would have taken for me right now to gather that information in the first place - as I would have the backup information sitting in an envelope ready to go. That is, provided RFEs come through email or text notifications... Edited August 3, 2014 by jgadsby

[Nich-Nick 3,354]

Thank you so much for all this! One thought I just had regards the circumstances for a (what sounds like unlikely) RFE. I know that with work schedules, it will likely take a while to get everything together needed for my father in law to joint sponsor me. If I send off my AOS packet with just my wife's affidavit, and subsequently prepare my father in law's affidavit and information, then an RFE could be responded to in the time it would have taken for me right now to gather that information in the first place - as I would have the backup information sitting in an envelope ready to go. That is, provided RFEs come through email or text notifications...

Now you"re thinkin'

[Hypnos 6,578]

An RFE on the I-485 will also delay the I-131 and I-765 too, just FYI.