I 864 Household size (Joint Sponsor)

[MikMac 0]

Hi,

My Father-in-law (USC) will be a joint sponsor for me (British) as my wife's (USC) income doesn't count as we currently don't live in the US. Just looking to clarify my FiL's household members. He files his taxes jointly with his wife, but we are only going to use his income as it's above 125% poverty line and saves additional paperwork. So household size would be 3?

Me (Beneficiary)

FiL (Joint Sponsor)

MiL (Joint Sponsor's wife)

Part 6 Q13 - My total income (adjusted gross income on IRS Form 1040EZ) as reported on my Federal tax returns for the most recent 3 years was:

Does my FiL put his individual income or whats on line 22 of his tax returns (total income of FiL and MiL)?

We are providing the FiL's Tax transcripts and W2's from past 3 years.

Also, on my wife's I-864, would she put employed or unemployed (her income will show $0). She works at an international school, but her income doesn't count as it won't continue when we move to the US.

Thanks in advance!

[laulholley 28]

Yes - 3 is the household size.

I am in the same situation. My income is foreign meaning that I had to enter $0 and un-employed, as I haven't made enough to pay US taxes the last 2 years.

My grandfather is our joint sponsor and his income alone is above the 125%. But since he and my grandmother file jointly, I had them both send in documentation. My grandfather filled out form 1-864 and grandmother I-864a (Contract Between Sponsor and Household Member). I received conflicting information regarding whether or not this was necessary (since grandfather alone makes enough $), but in the end I chose to have my grandmother do the I-864a and send in her tax docs as well. I figured "better safe than sorry". I didn't want to get an RFE if her information was needed since they file taxes jointly.

FiL should put his individual income on form I-864. If you have MiL do form I-864a she puts her individual income.

Hope this helps

[MikMac 0]

Thanks for the response!!! You're right, a lot of info is conflicting.

I'm starting to think the way you did it might be safer, even though, like you, my FiL makes enough $$ to joint sponsor me alone.

I wonder if it's an option to not include the MiL on the household members part (So just my FiL and I = [2] members), which would then mean my MiL's wouldn't be involved at all.

[laulholley 28]

Thanks for the response!!! You're right, a lot of info is conflicting.

I'm starting to think the way you did it might be safer, even though, like you, my FiL makes enough $$ to joint sponsor me alone.

I wonder if it's an option to not include the MiL on the household members part (So just my FiL and I = [2] members), which would then mean my MiL's wouldn't be involved at all.

You have to include your MiL in household size because she is part of his household. Your in-laws personal household size is two (FiL, MiL)- plus the immigrant (you) - means that the household size is three. If your in-laws live together and are married and file taxes jointly there is no way to exclude her from household size.

Edited December 1, 2016 by laulholley

[MikMac 0]

Ah, thanks for the clarification, that makes sense. I'll ask the MiL to fill out the I 864A and provide her tax transcripts then.

I assume my FiL would still stay as the Only Joint sponsor, right? It wouldn't need to change to having a 1st and 2nd of 2 joint sponsors.

Thanks for your help, laulholley!!!

[laulholley 28]

Ah, thanks for the clarification, that makes sense. I'll ask the MiL to fill out the I 864A and provide her tax transcripts then.

I assume my FiL would still stay as the Only Joint sponsor, right? It wouldn't need to change to having a 1st and 2nd of 2 joint sponsors.

Thanks for your help, laulholley!!!

Yes, your FiL would be the only Joint Sponsor.

Be careful with the I-864a, it has a section for the household member (your MiL) to fill out and sign and a section for the sponsor (your Fil) to fill out and sign. I have seen other people on this site saying they did it incorrectly.

Good luck with your paperwork!