Joint Sponsor Vs. CoSponsor

[Dolfishvisa 3]

Hello, 

 

My mother is going to be my joint sponsor. We live in the same legal residence but I would prefer that she is a joint sponsor and not a co-sponsor, and fill out I864 not I864A. Is this possible? 

[SorrowL 138]

Yes it is possible, BUT you must be included as a household member in the tally count if you are a dependent or otherwise considered a household member by I-864. Her income and assets must sufficiently cover the entirety of the case if filing as a joint sponsor, including for the principal immigrant and any household members. 

Edited January 18, 2020 by SorrowL

[Dolfishvisa 3]

2 minutes ago, SorrowL said:

Yes it is possible, BUT you must be included as a household member in the tally count if you are a dependent or otherwise considered a household member by I-864. Her income and assets must sufficiently cover the entirety of the case if filing as a joint sponsor, including for the principal immigrant and any household members. 

So I must be counted as a household member for the I-864 that she fills out, but I don't need to put her as a household member on my I-864? 

Do I need to give justification for my choice to make her a joint sponsor, or no? 

 

Thank you sooo much!!!!

[SorrowL 138]

27 minutes ago, Dolfishvisa said:

So I must be counted as a household member for the I-864 that she fills out, but I don't need to put her as a household member on my I-864? 

Do I need to give justification for my choice to make her a joint sponsor, or no? 

 

Thank you sooo much!!!!

Theoretically it is “better” to use one I-864 and sum up the income and assets from one household as it produces more income. With two separate I-864, The income is not summed up, and as such the single joint sponsor needs to drum up enough of their own income. In the end both persons are liable, but the income isn’t combined so it’s a “worse” deal.
 

Now I’m not sure if it’s possible, but you could theoretically include yourself as a household member on your mothers joint sponsor as a household member, if you meet the requirements of household member as specified in the I-864 instructions. 
 

I am in no way well versed in I-864 filing, so you may want someone else to either confirm or debunk my claims. I don’t guarantee anything I’ve written. My suggestions are from my best knowledge of what I believe.

Edited January 18, 2020 by SorrowL

[Dolfishvisa 3]

Is it better to just use an I-864A then (co-sponsor)? 

 

Also, if I am a student and I temporarily live in an apartment off-campus (not in my mother's house) does this mean we live in separate residences/should I put this address down on my I-864? 

Thank you so much for answering all my questions!

[pushbrk 12,883]

32 minutes ago, Dolfishvisa said:

So I must be counted as a household member for the I-864 that she fills out, but I don't need to put her as a household member on my I-864? 

Do I need to give justification for my choice to make her a joint sponsor, or no? 

 

Thank you sooo much!!!!

You are only counted as your mother's household member if you are her dependent, OR, if she needs to combine HER income with yours in order for HER to qualify as joint sponsor.

 

If you're not her dependent...AND... SHE.... qualifies as a joint sponsor on her own, then two I-864 forms is the way to go, even if..YOU..DO... live in the same house.  Only if your mother is married would anybody use an I-864a, in that case.  If she's married her spouse counts in the household and should provide an I-864a.

 

"Cosponsor" is not a valid term in an "immigrant visa" case.

[Dolfishvisa 3]

So just to double check: 

 

I am married, my husband is the intended immigrant. My mother and I live in the same legal residence. I am not her dependent any more because I am married. I will fill out two I-864s, one for me and one for her, and she will be my joint sponsor. This is instead of filling out an I-864 for me and and I-864a for her as a household member. Please let me know if this is correct and thanks so much!

[Lil bear 4,201]

2 minutes ago, Dolfishvisa said:

So just to double check: 

 

I am married, my husband is the intended immigrant. My mother and I live in the same legal residence. I am not her dependent any more because I am married. I will fill out two I-864s, one for me and one for her, and she will be my joint sponsor. This is instead of filling out an I-864 for me and and I-864a for her as a household member. Please let me know if this is correct and thanks so much!

Yes. You fill out your I 864 and she completes her own I 864

[Dolfishvisa 3]

So in that case, for my mother, who is married, what would this section look like? 

 

Persons you are sponsoring in this affidavit: 

1. Provide the number you entered in Part 3. Item Number 29: 1

2. Yourself: 1

3. If you are currently married, enter "1" for your spouse: 1

4. If you have dependent children, enter the number here: ????

 

Where do I, as my mother's daughter who is married to the intended immigrant, go in this form? What is the total number of the household?

 

What does this section of the form look like for my I-864?

[NikLR 13,227]

yes that would look like that for your mother.  Also your mother's spouse should also submit an I-864a with her I-864. 

 

For you, you cannot count anyone twice so your household size should be 2. the immigrant and yourself.  Do not count them again in the spouse section. 

[Dolfishvisa 3]

50 minutes ago, NikLR said:

yes that would look like that for your mother.  Also your mother's spouse should also submit an I-864a with her I-864. 

 

For you, you cannot count anyone twice so your household size should be 2. the immigrant and yourself.  Do not count them again in the spouse section. 

What if for the most recent tax year of 2018  I was listed as a dependent as I was not yet married? Then do I put myself as a dependent and add an explanation?

[databit 328]

1 hour ago, Dolfishvisa said:

What if for the most recent tax year of 2018  I was listed as a dependent as I was not yet married? Then do I put myself as a dependent and add an explanation?

Do you mean 2019? If you were married for even 1 day in 2019, you must file as married.

[LilyJ 1,258]

1 minute ago, databit said:

Do you mean 2019? If you were married for even 1 day in 2019, you must file as married.

2018 would be the most recent tax year until April 15 2020 so OP is correct that 2018 is the most recent tax year

[Just Paul 4,595]

2 minutes ago, databit said:

Do you mean 2019? If you were married for even 1 day in 2019, you must file as married.

If you were married as of December 31st you are married for that tax year.

[NikLR 13,227]

2 hours ago, Dolfishvisa said:

What if for the most recent tax year of 2018  I was listed as a dependent as I was not yet married? Then do I put myself as a dependent and add an explanation?

You're no longer her dependent.  There is another similar thread to yours and pushbrk suggested not being a dependent on the parent's I-864 even though the petitoner had been claimed in 2018.