I-864 Joint sponsor problems

[Carrill 0]

Hey all, I  got some information my aunt that makes me doubt her eligibility to be a joint sponsor.

Her accountant has filed her taxes for the past 7 years as "single" but she never legally divorced her husband, only separated. Should she have filed as "married but separate?" She has been filing as "single" and using her maiden name on the tax documents but her passport still has her married name. Other than her taxes, everything else has her married name such as her driver's license, she even signed the i864 using her married name, as she never legally changed her name.

 

 

Even if her ex husband is counted as a household member, she would make more than enough to sponsor, but will the immigration accept a tax return that does not show her husband? Or should I look for another sponsor?

 

[pushbrk 13,027]

If she signs the I-864 with her maiden name and uses it on the I-864, then none of this is a problem.  She would then use a photocopy of a certified copy of her birth certificate as evidence of US Status, rather than her passport, provided she was born in the USA.  In the US, it is lawful to use any name you choose as long as it is not for purposes of fraud.  If she were an IRS employee, she could lose her job for filing with the wrong filing status but there is no penalty for a regular citizen to do so, as they may well be overpaying their taxes.

 

Using her "husband" as a household member, would require an I-864a from him.  If she wasn't born in the USA, find another qualified joint sponsor, as she has no evidence that Jane MAIDENNAME is the same person as Jane MARRIEDNAME that appears on her passport.

Edited November 25, 2017 by pushbrk

[Carrill 0]

I see thanks for the information, unfortunately, she was not born in the USA. Fortunately, there are other people I can pester to sponsor.