2 co-sponsors (I-864A's) Married Filing Jointly...

[ibhitchin 1]

Hello,

I have asked my parents to co-sponsor with me, and they have agreed.

They file Jointly. Their income is comprised of many different bits SS, pensions and FOREIGN pensions.

Since they have both agreed to co-sponsor, that comprises the totality of the income shown on the Joint return. My Dad assures me breaking out the individual components of the income would be neigh on impossible, at the very least a massive PITA. Given that ALL of the income from the joint return is being pledged, either through my Mother or my Father, and the difficulty of separating it out, can I make an arbitrary split, just so long as it adds up to the total on the tax transcript?

Failing that, can I include only income that is easily divided, even though it does not add up to the total on the tax transcript?

I am on the line with NVC to ask this question, but all of their operators are currently assisting other callers... and they look forward to speaking with me!

Thanks in advance.

[ibhitchin 1]

OK, acording to NVC, I only need one 864a form, and that will list the total income only, no need to split.

I was cut off before I got to ask how that affects the house hold size question on the 864! If I say its 3 with joint filers that is obviously not right. If I say 4 and list Mother and Father, what the hell number do I put for individual income in EACH FREAKING LINE! I don't know if I am over thinking the problem or what, but it seems to be a box with no exit.

[NikLR 13,227]

You = I-864

Whoever makes more between your parents = I-864

Other parent = I-864a

[Ian H. 207]

The above is correct. Whoever makes more should file the I864 and the other the I864A. Also it shouldn't matter who makes what as long as the total income is above the poverty level requirements. If the form specifically asks for whose money is who's then you would have to do the math.

[ibhitchin 1]

You = I-864

Whoever makes more between your parents = I-864

Other parent = I-864a

I don't see what that gains me.

This scenario would be helpful if I did not live with my parents, then it would be non-household family member joint sponsor (864) and THEIR household family member co-sponsor (864A). But then we are still left with the split of the income issue.

I did not explicitly say that I live with my parents, but I do, it has been my official residence on taxes for a couple of years. In going through the 864, with this arrangement in mind, I can see that this may solve the household size problem though, I just can't seem to think straight right now.

It is 2am here, and my brain is swimming on this subject. If I am missing something, I appologize, I will look at it again more thoroughly in the morning. Thank you for your replies.

[Ian H. 207]

If you live with your parents, then they would both need an I-864A. You have to clarify that from the beginning otherwise you would get incorrect information.

So to clarify, you need to fill out an I-864, and each of your parents need to fill out an I-864A. Therefore, I think you would have to determine who makes what. If let's say your dad makes enough on his own, then you don't need to use your mother as a sponsor.

Also, when you have different types of income, I don't think you are required to use all of them to meet the requirement if you can meet them with just one.

For example, when I was helping my cousin with her husband's paperwork, her joint sponsor had income from work and income from some pension. We only included the income from his work because by itself it was like $90k. It would be $125k with the pension income and it was on the taxes we sent in, however they didn't bother to ask for the proof of pension income because he made more than enough with his job.

Again, if the form specifically asks to enter whose income is who's then you would need to figure that out. Since you are all part of one household they do not need a separate AOS and would just need an I-864A each.

I don't see what that gains me.

This scenario would be helpful if I did not live with my parents, then it would be non-household family member joint sponsor (864) and THEIR household family member co-sponsor (864A). But then we are still left with the split of the income issue.

I did not explicitly say that I live with my parents, but I do, it has been my official residence on taxes for a couple of years. In going through the 864, with this arrangement in mind, I can see that this may solve the household size problem though, I just can't seem to think straight right now.

It is 2am here, and my brain is swimming on this subject. If I am missing something, I appologize, I will look at it again more thoroughly in the morning. Thank you for your replies.

[NikLR 13,227]

I don't see what that gains me.

This scenario would be helpful if I did not live with my parents, then it would be non-household family member joint sponsor (864) and THEIR household family member co-sponsor (864A). But then we are still left with the split of the income issue.

I did not explicitly say that I live with my parents, but I do, it has been my official residence on taxes for a couple of years. In going through the 864, with this arrangement in mind, I can see that this may solve the household size problem though, I just can't seem to think straight right now.

It is 2am here, and my brain is swimming on this subject. If I am missing something, I appologize, I will look at it again more thoroughly in the morning. Thank you for your replies.

Doesn't matter if you live with them or even if they claim you as a dependent. It's easier to file the forms this way.

And as for splitting up their income, they don't how how much each person makes in each of those items? They have no idea how much your mom makes from foreign pensions vs your father?

Sounds like an accountant's nightmare!

[rawkus212 0]

Dont mean to highjack but it seems appropriate to post my situation here:

Me unemployed - i864

Dad cosponsor (files jointly w/wife my mom) - i864a

My dad makes enough, above 125% poverty. Does my mom need to fill out i864a?

Thank you

I'm in the same situation. I read somewhere here that it should be done this way. Pls. verify if it's correct.

Me - i864

Sister - i864 (she makes above 125%)

Her Husband - i864a ( Does her husband need to file i-864 if they file taxes jointly? Or the i-864a from my sister is enough if she makes above poverty line? )

Thanks!

[Ian H. 207]

Do you live with your sister and her husband? If so you would do an I-864 for you and an I-864A for your sister.

If you don't live with them, then she would need an I-864 with supporting docs.

In either case you don't need to submit an I-864A for her husband if your sister makes enough on her own. If he is willing to be a sponsor and has income of his own, then he would need an I-864A.

It doesn't matter if they file taxes jointly, so if your sister makes enough on her own, you don't need an I-864A for her husband.

I'm in the same situation. I read somewhere here that it should be done this way. Pls. verify if it's correct.

Me - i864

Sister - i864 (she makes above 125%)

Her Husband - i864a ( Does her husband need to file i-864 if they file taxes jointly? Or the i-864a from my sister is enough if she makes above poverty line? )

Thanks!

Edited August 5, 2014 by Ian H.

[rawkus212 0]

Do you live with your sister and her husband? If so you would do an I-864 for you and an I-864A for your sister.

If you don't live with them, then she would need an I-864 with supporting docs.

In either case you don't need to submit an I-864A for her husband if your sister makes enough on her own. If he is willing to be a sponsor and has income of his own, then he would need an I-864A.

It doesn't matter if they file taxes jointly, so if your sister makes enough on her own, you don't need an I-864A for her husband.

@Ian H,

Thanks! No I don't live with them. I did DCF and still out of the country for about 8 years. Thanks again, it makes sense. Interview is next month and I'm so stressed filling out this form.

[my-journey 0]

Again, sorry for the highjack. Thank you very much.

[NikLR 13,227]

Do you live with your sister and her husband? If so you would do an I-864 for you and an I-864A for your sister.

If you don't live with them, then she would need an I-864 with supporting docs.

In either case you don't need to submit an I-864A for her husband if your sister makes enough on her own. If he is willing to be a sponsor and has income of his own, then he would need an I-864A.

It doesn't matter if they file taxes jointly, so if your sister makes enough on her own, you don't need an I-864A for her husband.

No to bold.

Just because you live with someone doesn't mean they automatically they complete an I-864A. The I-864A is for "combining incomes" for household members. For a sister to do this they would also have to send proof of being in the same residence, and proof of familial relationship. (Something a husband and wife do not have to do when they file taxes jointly since the joint tax shows relationship.)

The easiest thing for people to do when they have a joint sponsor, if the joint sponsor lives or doesn't live with them is:

Petitioner = I-864

Joint Sponsor = I-864

Joint sponsor spouse = I-864A

If the joint sponsor files taxes jointly with their spouse but does not want their spouse to complete an I-864A means they have to prove their portion of the income with either their entire tax return (vs a tax transcript) including schedules and W2's etc... OR try to send just the W2's with the tax transcript and hope it works. It has in the past, but that's no guarantee.

Edited August 5, 2014 by NLR

[Ian H. 207]

You're right about the household member having to be related, however in this case it's his sister, so that would be easy to prove.

Also, she makes enough on her own so there is no reason to include her husband. The tax transcript, with a letter of employment/paystubs and w2 is more than enough to prove her share of the income.

When we did my joint sponsor's 864 we only provided those documents and didn't use his wife's income at all. Same thing when my cousin petitioned for her husband, we sent in the same docs, minus the letter of employment, and didn't use her sponsor's wife's income at all. As well as another person I know, same thing.

As for the I-864A, the fact that she is married wouldn't preclude her from using that form as long as she lived in the same household. If they lived together and she wanted to include her husband's income, then it would be necessary to do a separate I-864. Obviously since they don't live together then she needs an I-864, and an I-864A for her husband only if she didn't make enough.

Edited August 5, 2014 by Ian H.

[KayDeeCee 4,893]

If you live with your parents, then they would both need an I-864A. You have to clarify that from the beginning otherwise you would get incorrect information.

So to clarify, you need to fill out an I-864, and each of your parents need to fill out an I-864A. Therefore, I think you would have to determine who makes what. If let's say your dad makes enough on his own, then you don't need to use your mother as a sponsor.

Do you live with your sister and her husband? If so you would do an I-864 for you and an I-864A for your sister.

If you don't live with them, then she would need an I-864 with supporting docs.

Stop. Just because you live with someone does not mean they must use the I-864A instead of the I-864. This is not correct. They do not need an I-864A because they live together.

The I-864 is used by a joint sponsor, whether or not they live in the same house as the primary sponsor. The I-864A is used by a qualifying household member to combine their income with that of the sponsor filling out an I-864.

NLR is correct. For the OP's situation, it seems best for one parent to be the joint sponsor, and then the other parent would fill out an I-864A. Their incomes will be combined and act together to meet the income requirement for joint sponsorship. It is the least complicated, and easiest way to properly list the individual households that reside under one roof.

As for anyone confused about household size>

Each sponsor, primary and joint, lists their own household size on their own I-864. Everyone you live with is not necessarily in your household count.

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

[Ian H. 207]

If both of his parents live in the same household, there is no need to submit an entire separate AOS for the the parents. The instructions clearly say that you are allowed to combine your income with a qualifying household member.

It's better that he combines his income with them than if they filed a separate I-864. I also didn't say they MUST file an I-864A, I only meant that it would be better.

That would give you a greater total income in order to meet the requirements. Therefore, it is not necessary for his parents to be separate joint sponsors when they can just combine their income with their son.