I-864 questions (how to use a joint sponser/when to use I-864A)

[AyaGareth 0]

Hi,

I know the answers to my questions are already out there, but I have spent so much time looking and I keep getting different answers.

I have successfully brought my now husband over on a K1 visa (Yay!). We were married three weeks ago and now we are transitioning his status. We moved to Florida recently because I am starting my masters this fall - so I quit my jobs and will not make enough as a TA to sponsor him. My father has agreed to sponsor my husband and makes more than enough money.

here are my questions:

1) I know my father will file the I-864 but do I need to file one too? My income will not contribute to the affidavit.

2) because my father and his wife file their taxes jointly will his wife need to file the I-864A? My fathers income alone will suffice but their returns have both their incomes.

I apologize for the redundancy of my questions but I am so tired of finding information just short of what I need. Thank you in advance!

[newacct 688]

1. You need to file one

2. His wife will not need to file I-864A if his own income is sufficient

[AyaGareth 0]

So do I need to file a tax transcript for three years or will the most current one suffice?

[Nich-Nick 3,354]

Hi,

I know the answers to my questions are already out there, but I have spent so much time looking and I keep getting different answers.

I have successfully brought my now husband over on a K1 visa (Yay!). We were married three weeks ago and now we are transitioning his status. We moved to Florida recently because I am starting my masters this fall - so I quit my jobs and will not make enough as a TA to sponsor him. My father has agreed to sponsor my husband and makes more than enough money.

here are my questions:

1) I know my father will file the I-864 but do I need to file one too? My income will not contribute to the affidavit.

2) because my father and his wife file their taxes jointly will his wife need to file the I-864A? My fathers income alone will suffice but their returns have both their incomes.

I apologize for the redundancy of my questions but I am so tired of finding information just short of what I need. Thank you in advance!

Out of curiosity, did you ever read the USCIS instructions that go with the I-864? It goes into a lot of details you might miss in short forum answers.

1) Yes you must file an I-864, even if zero Income. You are the petitioner and as such, the primary sponsor. You must submit your latest tax return. See the instructions for tax returns to submit the right thing.

2) You father is also required to submit his latest tax return. If it is jointly filed, there is no way to look at it to know what he made by himself, so USCIS can't approve if they don't know his separate income. Income is all lumped together on the joint tax return. He can do one of two things

a) add Mom as Person 1 to get a Total Household Income (and she does an I-864A) or

b) document his separate income with additional proof like an employer letter and pay stubs. Don't assume USCIS will dig out his W2 from the tax return and figure it out. Joint sponsors have one additional requirement detailed in the instructions.

Edited August 14, 2016 by Nich-Nick