Is it important to show relationship between household member(spouse) and sponsor?

[MrTaurus88 0]

Hi all, 

My i485 was denied because my sponsor didn't show relationship between him and his household member who is basically his wife. They didn't file tax together as well as have same address on the tax receipt. 

But from the INA ACT §213a.2 C 1-5 exemption is giving. Especially this below:- 

(5) If the person who signs the affidavit of support attachment is not an intending immigrant, and is any person other than the sponsor's spouse or a claimed dependent of the sponsor, the sponsor must also attach proof that the person is a relative (as defined in 8 CFR 213a.1) of the sponsor and that the affidavit of support attachment signer has the same principal residence as the sponsor. If an intending immigrant signs an affidavit of support attachment, the sponsor must also provide proof that the sponsored immigrant has the same principal residence as the sponsor, unless the sponsored immigrant is the sponsor's spouse 

Can someone explain pls 

Thanks and God bless

[Liam2021 586]

You need to give us more information.

[geowrian 22,337]

Was the household member a legal relative or claimed on the sponsor's taxes as a dependant?

[MrTaurus88 0]

7 minutes ago, H&T said:

You need to give us more information.

What information? I have summarised everything already

[MrTaurus88 0]

5 minutes ago, geowrian said:

Was the household member a legal relative or claimed on the sponsor's taxes as a dependant?

Yes the spouse is a citizen but they didn't filled tax together or used same address on there tax document

[MrTaurus88 0]

But the INA ACT gives exemption to spouse to show relationship...

 

5) If the person who signs the affidavit ofsupport attachment is not an intending immigrant, and is any person other than the sponsor's spouse or a claimed dependent of the sponsor, the sponsor must also attach proof that the person is a relative (as defined in 8 CFR 213a.1) of the sponsor and that the affidavit of support attachment signer has the same principal residence as the sponsor. If an intending immigrant signs an affidavit of support attachment, the sponsor must also provide proof that the sponsored immigrant has the same principal residence as the sponsor, unless the sponsored immigrant is the sponsor's spouse 
 

So do anyone can interpret this?

[geowrian 22,337]

14 minutes ago, MrTaurus88 said:

Yes the spouse is a citizen but they didn't filled tax together or used same address on there tax document

So they are a legal spouse? Because you initially said "who is basically his wife." "Basically a wife" and being legal spouse are very different.

Was this individual claimed as a dependent on the most recent year's tax return? Just being  a spouse does not mean they were a dependent (especially if living apart).

 

12 minutes ago, MrTaurus88 said:

But the INA ACT gives exemption to spouse to show relationship...

 

5) If the person who signs the affidavit ofsupport attachment is not an intending immigrant, and is any person other than the sponsor's spouse or a claimed dependent of the sponsor, the sponsor must also attach proof that the person is a relative (as defined in 8 CFR 213a.1) of the sponsor and that the affidavit of support attachment signer has the same principal residence as the sponsor. If an intending immigrant signs an affidavit of support attachment, the sponsor must also provide proof that the sponsored immigrant has the same principal residence as the sponsor, unless the sponsored immigrant is the sponsor's spouse 
 

So do anyone can interpret this?

This refers to the sponsor including the intending immigrant's income.

So if the sponsor is also the petitioner and they are including their spouse's income, then no I-864 is needed.

If the sponsor is a joint sponsor (not the petitioner), then an I-864A (with evidence of the relationship) would be needed. But this would be a very, very limited case...like where the petitioner is a parent or sibling and the spouse is just a joint sponsor.

 

I'll reiterate the other member's request for more details being needed. Not a summary.

Who is the petitioner? What is their relationship to the beneficiary? What is the beneficiary's current status in the US allowing them to work?

Is there a joint sponsor involved? What is their relationship to the beneficiary?

 

I'm sure there's more questions, but without the answers to the above, it would mean going down various possible routes that may not apply.

Edited January 18, 2019 by geowrian

[MrTaurus88 0]

The petitioner is my wife.

 

While the joint sponsor and household member is my uncle and his spouse.

[Liam2021 586]

So the problem is join sponsor. The uncle need i864, and his spouse also need i864a. Besides that, a marriage certificate is needed to proved the relationship.

[MrTaurus88 0]

Just now, H&T said:

So the problem is join sponsor. The uncle need i864, and his spouse also need i864a. Besides that, a marriage certificate is needed to proved the relationship.

Yes, my uncle filed the i864 while th e while also filled i864a submitted the certificate of naturalization, 3 years tax return but they forgot to attached marriage certificate. 

 

So the INA ACT quote doesn't apply to them as a sponsor?

[Liam2021 586]

The instructions for i864 clearly explain everything. The missing marriage cert is the reason.

[geowrian 22,337]

20 minutes ago, MrTaurus88 said:

The petitioner is my wife.

 

While the joint sponsor and household member is my uncle and his spouse.

So there would be an I-864 from your wife. Presumably her income + assets are insufficient to sponsor you..thus the joint sponsor.

 

The joint sponsor would provide an I-864. If eligible and necessary to combine incomes with their spouse as a household member, their spouse will provide an I-864A. They must show evidence of their relationship and that they living in the same principle residence.

 

I-864A instructions: https://www.uscis.gov/system/files_force/files/form/i-864ainstr.pdf

"Who May Be Considered a Household Member for Purposes of Form I-864A?

...

2. The spouse, parent, child, adult son or daughter, or sibling relative of the sponsor, if that relative has the same principal residence as the sponsor; or

3. Any other individual whom the sponsor has lawfully claimed as a dependent on the sponsor ’s most recent Federal income tax return even if that person does not live at the same residence as the sponsor. If more than one individual agrees to help support the sponsored immigrant, each individual must sign a separate Form I-864A."

 

5 minutes ago, MrTaurus88 said:

So the INA ACT quote doesn't apply to them as a sponsor?

No.

 

"unless the sponsored immigrant is the sponsor's spouse" -> the sponsored immigrant is you. The sponsor here refers to your joint sponsor (the I-864 that the I-864A is being joined with).

Edited January 18, 2019 by geowrian

[MrTaurus88 0]

Thank you

 

Quick one but the intending immigrant if using is asset doesn't need to fill the affidavit of support attachment which is i864a based on the instruction. Likewise if you noted the words they used, it includes

 

1. Intending immigrant

2. Spouse of the sponsor or 

3. Claimed dependant ( a new intending immigrant can't be a claimed dependant?)