Joint Sponsor and I Share Kids, how to proceed?

[Zombiepatrol 0]

Our first sponsor did not have enough income and could not provide tax returns, so we got RFE'd for the AOS. We decided to find a new joint sponsor, and my ex-husband would be doing it for us. He may barely make enough if he, my husband the immigrant, and our two kids are counted. Since we have 50/50 custody, I am not sure if this would be a special case or not. I don't really know how to proceed because I don't want this to be denied. Would an explanation on a separate sheet suffice? I am planning to call the hotline, but I am not sure how reliable their answers may be. I have another friend who is willing to help and I think it would be a better bet, but she is not sure if her husband's income *has* to be counted since they filed a joint tax return. He would rather not participate in the whole thing. Can anyone help and give opinions as to which chance to take? At this point we can't afford to risk this with a baby on the way!

[Wuozopo 4,293]

5 hours ago, Zombiepatrol said:

Our first sponsor did not have enough income and could not provide tax returns, so we got RFE'd for the AOS. We decided to find a new joint sponsor, and my ex-husband would be doing it for us. He may barely make enough if he, my husband the immigrant, and our two kids are counted. Since we have 50/50 custody, I am not sure if this would be a special case or not. I don't really know how to proceed because I don't want this to be denied. Would an explanation on a separate sheet suffice? I am planning to call the hotline, but I am not sure how reliable their answers may be. I have another friend who is willing to help and I think it would be a better bet, but she is not sure if her husband's income *has* to be counted since they filed a joint tax return. He would rather not participate in the whole thing. Can anyone help and give opinions as to which chance to take? At this point we can't afford to risk this with a baby on the way!

 The person that sponsors has to make enough by themselves to meet the requirement. So whether it's you or Ex, the two kids are in both your household counts if they are minors because the instructions say:

Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children. You may exclude any unmarried children under 21 years of age, if these children have reached majority under the law of their place of domicile and you do not claim them as dependents on your Federal income tax returns. 

 

The friend has to make enough by herself for her household count (her, husband, kids? + immigrant). The joint tax return will not show separate income so she needs to prove hers alone by adding in a letter from her employer and 6 months of her pay stubs. She does not have to list her husband's income. People who live under the same roof can pool their income by listing a family member's income, but they don't have to do it that way. It's only an option if neither made enough they can combine their household income. Read over the instructions a few more times so it all sinks in and you get it right on your RFE.

 

 

[Zombiepatrol 0]

Thank you!