Joint sponsor filing taxes as married filing jointly

[mallafri76 1,012]

So we had a joint sponsor who pulled out at the last minute and caused us long delays at NVC, we then decided to go with assets in immigrant's name, which NVC sent us a checklist for but the US embassy in Sweden said they'd accept. To prevent any more delays to our visa journey, my husband has worked so hard and managed to convince his sister to be our joint sponsor. We were so happy and she's almost done with everything, just a tiny question about question 13 on the i-864, which now has me freaking out.

My husband's sister is married and they file their taxes as married filing jointly. She says that on the IRS transcript, the adjusted gross income that US immigrations want under question 13 is both their income in one total... So should she just write her actual adjusted gross income and ignore the married total from the IRS transcript or does that mean that if a joint sponsor do their taxes as married filing jointly, she needs to do the i-864 and her husband needs to do the i-864a?

[tasakchy 9]

Yes, in question 13 she will need to put their total income from the tax return.

In Part 6, line 5, she will put her individual income and then on line 6 she will include her husband's name and income. Both of these lines will be totaled and written in line 10.

Check off line 11 and have her husband complete an I-864A.

[mallafri76 1,012]

Thanks, tasakchy. And this is even though our joint sponsor makes more than enough to sponsor me on her own, her husband still has to do the i-864a?

[tasakchy 9]

If your joint sponsor's income is enough to sponsor you on her own then she won't need to include her husbands income or his I-864A.

That is only required if they are both pooling their income in order to reach the poverty threshold.

Your joint sponsor will need to provide proof of her individual income such as below since her tax returns list their joint income:

*Taken from Adjudications Manual: http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html

"A sponsor’s spouse who qualifies as a household member and wishes to have his or her income included as a household member generally needs to complete a Form I-864A. However, if the spouse is not willing to let the sponsor rely on the spouse’s income, that is acceptable. In this situation, the sponsor needs to show his or her own income and which portion of any assets used to qualify can be attributed to him or her."

"If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099".

[tasakchy 9]

Although, I have read other posts where the spouse didn't complete an I-864A because the sponsor's income was enough and the IO still requested an I-864A.

So, if your sponsor's husband is willing to fill out an I-864A, it may be best to include it.

[NikLR 13,227]

If her income alone is enough, she can put down what SHE made from her w2s and then send her entire tax return or try w2s with the tax transcripts. Both have worked in the past. I'm never sure why it's a big deal for a spouse to do an i-864a however unless a couple keep their finances completely separate.

[mallafri76 1,012]

Although, I have read other posts where the spouse didn't complete an I-864A because the sponsor's income was enough and the IO still requested an I-864A.

So, if your sponsor's husband is willing to fill out an I-864A, it may be best to include it.

If her income alone is enough, she can put down what SHE made from her w2s and then send her entire tax return or try w2s with the tax transcripts. Both have worked in the past. I'm never sure why it's a big deal for a spouse to do an i-864a however unless a couple keep their finances completely separate.

Thanks to both of you for the help. We've had so much issues with the joint sponsor because of that last line on the form that says the intended immigrant can sue the sponsor for financial help. My husband finally managed to convince his sister, we're afraid that if we now add that her husband needs to sign the form too, they'll pull out.

We'll do like you both suggested and do the IRS transcript and the W2s, to show her individual income. Thanks again.

[NikLR 13,227]

I'm pretty sure you're not going to sue them. LOL!

I think if it came down to it. you'd move back to Sweden before suing your in-laws.

I don't recall a case where the beneficiary was successful in suing the sponsor (aka petitioner.)