I-864 Joint Sponsor, filed married jointly??

[JustVolume 4]

Hello everyone!

 

I'll keep this short and quick. So, my wife does not make over 125% of the federal poverty guidelines to support me and as of such, my aunt (a US Citizen) wants to sponsor me. She alone makes 175,000 a year, and combined with her husband's income, makes around 210,000 in household income. Her income alone should be able to cover her household plus myself. That said, her husband and I are not on good terms and as a result, will not want his income included in my aid, meaning no I-864A. Is there any wait my aunt can use her own individual income, even if she filed married jointly in 2017? I have a Tax Return 1040 for her married joint filing, showing her household income, but I also have a copy of her W2 from that year showing how much she made on her own. Can I use her W2 to have her be my sole joint sponsor?

 

If so, on I-864, does she put her W2 income in "My Annual Individual Income is:..." ? Do I put her household income or individual income in Part 6. n20. ?

[geowrian 22,338]

Is it technically possible? Yes. However, usually they want to see an I-864A from the joint sponsor's spouse when taxes are filed jointly. It's basically marital income/assets being used.

 

Her individual annual income is what she currently makes in a 12 month period (i.e. a typical paycheck * # of working pay periods per year).

Where it asks for the tax return information for the past 3 years, she copies what is on her tax returns exactly (which yes, includes the joint income).

As evidence of her individual income (past and present), she should provide the W-2s with her tax return copy, pay stubs, and an employment letter.

Edited December 18, 2018 by geowrian