864 with co sponsor

[SSS8380 0]

So If I am a US citizen trying to petition my parents for green card, I know I have to submit a 864 for aos. I do not work though and my brother who is also a US citizen (now) is taking on the financial responsibility of my parents.

My question is, do I have to still submit my tax returns which are basically joint with my husband as he is the only one who works in our household. I am trying to avoid sending that in since my brother is willing to fully cover the finances. He will be sending in a full completed 864 form so do I still have to submit my joint tax return records?

Hope that makes sense

[teeak 224]

You will need to submit an I864 at the NVC stage.

As the petitioner, you are required to provide an I864 and financial evidence. That would constitute most recent IRS tax transcript, even if it's jointly filed. The joint sponsor will need to submit an additional I864 and financial evidence as well.

[Caryh 5,206]

You should have your brother petition for your parents then. The petitioner always has to file an I-864, and that will bring your husband into it too, as I'm fairly sure you're filing joint taxes.

[Nich-Nick 3,354]

Your husband is not involved unless you list his income (as a household member) on your I-864 and he in turn filled out an I-864A agreeing to support your parents. You can put your income as zero and not list any optional household members.

You will have to fill out the section asking about your last three tax returns. Just take the numbers as they appear on Line 22 of the Form 1040 because that's your tax return whether joint or not. It will not mean your husband is sponsoring. You are simply providing information in that section.

And you mail your most recent tax transcript in with the I-864 because that is required with every I-864 if you filed a tax return. If you don't, you get an RFE.

Edited February 25, 2016 by Nich-Nick