Affidavit of Support with Joint Sponsor - Does financial evidence need to be included for primary sponsor?

[louisacookie 5]

Hi there, I am currently in the US assembling our documents to submit for my Adjustment of Status. I have a question about the affidavit of support that I'm having trouble finding a definitive answer for.

 

My husband does not earn enough to be the sole sponsor and so we are filing with a joint sponsor, his dad. His dad earns enough to fulfill all financial support required as a sponsor on his own.

I understand that both primary and joint sponsors must complete form I-864 and what financial evidence needs to be supplied (IRS transcripts, employer letter, bank statement etc.) but I'm unsure whether in our case the primary sponsor would need to submit financial evidence?

So to be clear, for both sponsors we'll be submitting I-864 forms (plus copies of their passports). Our joint sponsor will provide financial evidence but I am unsure if the primary sponsor needs to supplement anything in the way of financial evidence if he isn't the financially responsible sponsor.

 

I want to add that I also ask this as my husband was going to submit his IRS transcripts anyway but we've hit a block with the IRS, he has been able to order transcripts previously but is suddenly having issues as they are not accepting his details. I need to be sure whether he needs his transcripts or if it's not an issue and to submit his I-864 without.

 

Thanks!

[Jo Së 200]

3 minutes ago, louisacookie said:

but I'm unsure whether in our case the primary sponsor would need to submit financial evidence?

Yes, even if the petitioner doesn't make enough he is still the primary sponsor.

 

but I am unsure if the primary sponsor needs to supplement anything in the way of financial evidence if he isn't the financially responsible sponsor.

He is still the primary sponsor, and as long as he has a job he needs to submit the required documents.

 

I need to be sure whether he needs his transcripts or if it's not an issue and to submit his I-864 without.

Transcripts are required.

 

[geowrian 22,338]

The petitioner must be the primary sponsor and complete an I-864, have US domicile, and have filed taxes for at least the past 3 years (and provide a copy of at least the most recent year's tax return).

 

Only documentation for income or assets being claimed on the I-864 is required. Generally, using your income, even if insufficient, is better than nothing IMO.

[louisacookie 5]

2 minutes ago, geowrian said:

The petitioner must be the primary sponsor and complete an I-864, have US domicile, and have filed taxes for at least the past 3 years (and provide a copy of at least the most recent year's tax return).

 

Only documentation for income or assets being claimed on the I-864 is required. Generally, using your income, even if insufficient, is better than nothing IMO.

OK, so the primary sponsor has to provide a transcript regardless.

Noting what I've bolded here, we do have a transcript for the most recent year's tax return. We were looking to order a transcript for the past 3 years but if just the past year is sufficient we'll submit that.

[geowrian 22,338]

3 minutes ago, louisacookie said:

OK, so the primary sponsor has to provide a transcript regardless.

Noting what I've bolded here, we do have a transcript for the most recent year's tax return. We were looking to order a transcript for the past 3 years but if just the past year is sufficient we'll submit that.

The 3 years can be provided if you think it helps show a sufficient income history. If not, just use the 1 year. For an employee, tax returns only show past income, but they care about current income.

Had they been self-employed or earned their income another way, tax returns would be the primary source for current income, so having 3 years of transcripts can be more useful.

[Wuozopo 4,293]

3 hours ago, louisacookie said:

OK, so the primary sponsor has to provide a transcript regardless.

Noting what I've bolded here, we do have a transcript for the most recent year's tax return. We were looking to order a transcript for the past 3 years but if just the past year is sufficient we'll submit that.

Yes, go with that. If you know the income isn't sufficient, then do the minimum evidence stated in the instructions. That is the form and the most recent tax return or transcript