Do We Need I-864A for Joint Sponsor's Spouse?

[Jamie and Ben 2]

Hi I need your advice. My husband is the (petitioner) and his Joint Sponsor is his Aunt and she filled out a I-864 and since she (the joint sponsor) is married and "filed joint taxes" with her spouse we know according to the I-864 instructions that she needs to supply W2s and 1099s along with Tax Return Transcripts. This is where its confusing, with her income ALONE she can sponsor me in her household.

 

 We read in the instructions that if the sponsor or joint sponsor uses assets or income from household members in the I-864 to help meet the income requirements then that household member must fill out a I864A. But her spouse doesn't need to put his assets or income in the aunts I-864 to meet the requirements so we figured he (the spouse of joint sponsor) didn't need to fill out a I-864A. Is this correct?

 

So simple if the JOINT sponsor meets the income requirements for I-864 with their income ALONE and isn't using their spouse's (of joint sponsor) income or assets (who they filed joint taxes with) does that spouse of the joint sponsor need fill out a I-864a anyways?

 

 

[arken 4,197]

Technically it’s not required but there were several cases where i864A was asked from the spouse. I guess some COs or IOs would like to see it regardless.

[pushbrk 12,877]

6 hours ago, arken said:

Technically it’s not required but there were several cases where i864A was asked from the spouse. I guess some COs or IOs would like to see it regardless.

Correct.  The OP is reading USCIS instructions, but it is a Consular Officer (Dept. of State, not Homeland Security) that will make the decision.  Not "several cases" but NOW, nearly all cases with a joint tax filing spouse, the officers ask for the I-864a.  Provide it now or face potential visa issue delays.