Married Sponsor and I-864

[MjC772 94]

One question here: 

If I have my sister as a sponsor for my spouse, and she files her taxes with her husband as "married filing jointly" .... how do we disentangle him from sponsorship obligations? My thought was to include their tax return but also my sister's last W2/1099...am i correct?

[geowrian 22,337]

The petitioner (you) would file an I-864.

The joint sponsor (your sister) must complete an I-864 as well. She will need to provide a copy of her tax return, which will list both her and her husband's income since she filed jointly. Assuming she is not self-employed, her current income would be demonstrated via pay stubs and an employment letter.

Generally, they will want to see an I-864A from the joint sponsor's spouse if they filed jointly. Basically, trying to detach her husband from the obligation may not be possible...if she is using marital income/assets, the view is that the other marital partner needs to be involved since it is shared among them. You can file without the I-864A from her spouse, but they may send a checklist (or 221g if at the interview) asking for this, which will delay the process.

 

Note that this posted in the K-1 forum, but you mentioned spouse, so I'm assuming you are filing for a CR-1/IR-1 visa instead.

[MjC772 94]

1 minute ago, geowrian said:

The petitioner (you) would file an I-864.

The joint sponsor (your sister) must complete an I-864 as well. She will need to provide a copy of her tax return, which will list both her and her husband's income since she filed jointly. Assuming she is not self-employed, her current income would be demonstrated via pay stubs and an employment letter.

Generally, they will want to see an I-864A from the joint sponsor's spouse if they filed jointly. Basically, trying to detach her husband from the obligation may not be possible...if she is using marital income/assets, the view is that the other marital partner needs to be involved since it is shared among them. You can file without the I-864A from her spouse, but they may send a checklist (or 221g if at the interview) asking for this, which will delay the process.

 

Note that this posted in the K-1 forum, but you mentioned spouse, so I'm assuming you are filing for a CR-1/IR-1 visa instead. She is retired from one job with a pension but still currently works another job.

Well, she makes enough on her own to be a sponsor for 1 immigrant but I am just curious how that can be done...and yes, my wife and I have been married - and I , living in Peru - for almost 9 years...sorry about the incorrect posting.

 

 

[geowrian 22,337]

5 minutes ago, MjC772 said:

Well, she makes enough on her own to be a sponsor for 1 immigrant but I am just curious how that can be done

They will likely request an I-864A from her spouse, regardless of how much either of them individually makes. That has been standard operating procedure, although some people have had success without doing so. You can always add the I-864A later, but as noted it may delay your case if they issue a 221(g) at the interview.

[debbiedoo 2,339]

you can try but will probably get a 221g for it. its marital assets, and they file jointly, so basically, it HAS to include both of their info. there may be cases where it was never noticed/ asked for ... but those i imagine are pretty rare.