Married & Retired Joint Sponsors... which is primary?

[threeoten 0]

Our joint sponsors are married and retired, Joint Sponsor 1 claims an income of $2000/year or so and wants to be our primary sponsor and file the I-846. Joint Sponsor 2 (spouse of Joint Sponsor 1) claims an income of over $60,000/year and is filing the I-864a. Is this okay? Or is it better to have the joint sponsor who makes more of the money be the primary sponsor? Does it even matter since they are married to each other? As far as I know, they file taxes together and all that.

Thanks!

[SteveInBostonI130 3,463]

I definitely suggest the one with the $60k/yr be the joint sponsor, by himself/herself.  Don't include the other one with the $2k/yr.  It'll be more straightforward and simpler.

[threeoten 0]

8 minutes ago, SteveInBostonI130 said:

I definitely suggest the one with the $60k/yr be the joint sponsor, by himself/herself.  Don't include the other one with the $2k/yr.  It'll be more straightforward and simpler.

Even if they file their taxes together?

[Lucky2Lucky 2,526]

This post is a bit confusing because you don’t get to “chose” who your primary sponsor is.. what visa category are you and who petitioned for you?

[threeoten 0]

1 minute ago, Luckycuds said:

This post is a bit confusing because you don’t get to “chose” who your primary sponsor is.. what visa category are you and who petitioned for you?

I'm the USC, wife is non-USC. I'm the petitioner. She is doing AOS from B2 visa. Question maybe then is, out of the two joint sponsors (married couple) who should file the I-864? The joint sponsor who makes more? Does it even matter since they file taxes together, are married and are in the same household? Is it a problem if the person who makes the most money files the I-864a instead of the I-846?

[SteveInBostonI130 3,463]

Like I posted, you are adding complexity for no reason.  How can anyone who makes $2k/yr support someone?  The I-864 is not an income verifcation document.  It is a legally binding promise that the person signing it will lend financial support to an immigrant if the immigrant becomes insolvent and is at risk of needing public support.  Therefore, whoever signs it qualifies as a sponsor by having a current income that meets certain guidelines.  The tax returns are ancillary - it is used to verify that the person makes at or near the current income they stated.  Married and filing jointly sponsor can be a single person, as long as that single person earns the income that qualifies.  

 

 

[threeoten 0]

18 minutes ago, SteveInBostonI130 said:

Like I posted, you are adding complexity for no reason.  How can anyone who makes $2k/yr support someone?  The I-864 is not an income verifcation document.  It is a legally binding promise that the person signing it will lend financial support to an immigrant if the immigrant becomes insolvent and is at risk of needing public support.  Therefore, whoever signs it qualifies as a sponsor by having a current income that meets certain guidelines.  The tax returns are ancillary - it is used to verify that the person makes at or near the current income they stated.  Married and filing jointly sponsor can be a single person, as long as that single person earns the income that qualifies.  

 

 

But right on the 864 itself there are sections that ask about including the income of other household members, who then file their own 864A forms, and thus combine income. So does it then matter which of our sponsors is filling out the 864 instead of the 864A and thus their incomes being combined?

[Lucky2Lucky 2,526]

1 hour ago, threeoten said:

I'm the USC, wife is non-USC. I'm the petitioner. She is doing AOS from B2 visa. Question maybe then is, out of the two joint sponsors (married couple) who should file the I-864? The joint sponsor who makes more? Does it even matter since they file taxes together, are married and are in the same household? Is it a problem if the person who makes the most money files the I-864a instead of the I-846?

You are the sponsor and the one who makes 60k should be the joint sponsor. Don’t include the person who makes 2,000 that’s ridiculous.

[threeoten 0]

1 hour ago, Luckycuds said:

You are the sponsor and the one who makes 60k should be the joint sponsor. Don’t include the person who makes 2,000 that’s ridiculous.

There's no choice but to include the person who makes less... Part 5 in the i-864 makes the joint sponsor list who else is in their household and that persons income + a i-864A filed by that person, as well as their total household income combined, and has to have copies of BOTH of their tax return info either way...... considering that, how exactly is it "ridiculous" to include the person who makes less when in order for them to file an i-864 at all, both of them and their income is REQUIRED to be included?

[Lucky2Lucky 2,526]

7 hours ago, threeoten said:

There's no choice but to include the person who makes less... Part 5 in the i-864 makes the joint sponsor list who else is in their household and that persons income + a i-864A filed by that person, as well as their total household income combined, and has to have copies of BOTH of their tax return info either way...... considering that, how exactly is it "ridiculous" to include the person who makes less when in order for them to file an i-864 at all, both of them and their income is REQUIRED to be included?

Since the joint sponsor makes 60k they don’t NEED to use the income of the 2k person to qualify. 
 

“Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant. (See Form I-864 Instructions.) Please indicate name, relationship, and income.”

[SteveInBostonI130 3,463]

14 hours ago, threeoten said:

But right on the 864 itself there are sections that ask about including the income of other household members, who then file their own 864A forms, and thus combine income. So does it then matter which of our sponsors is filling out the 864 instead of the 864A and thus their incomes being combined?

Only if the joint sponsor is adding their income.  They can be left out if the joint sponsor is only counting on his/her income.

[Duke & Marie 1,389]

The primary sponsor is always the one who signed and submitted the initial I130 petition.. everyone else is secondary to them

[ayodeji kayode 1]

23 hours ago, threeoten said:

Our joint sponsors are married and retired, Joint Sponsor 1 claims an income of $2000/year or so and wants to be our primary sponsor and file the I-846. Joint Sponsor 2 (spouse of Joint Sponsor 1) claims an income of over $60,000/year and is filing the I-864a. Is this okay? Or is it better to have the joint sponsor who makes more of the money be the primary sponsor? Does it even matter since they are married to each other? As far as I know, they file taxes together and all that.

Thanks!

As far as I know it doesn't really matter if she makes less than 2k or more since they jointly file their taxes it's logical u make both of them joint sponsors. File I-864a for both of them and upload the husband form as the joint sponsor and the wife as household. 

[Demise 1,290]

On 9/17/2020 at 6:30 PM, threeoten said:

I'm the USC, wife is non-USC. I'm the petitioner. She is doing AOS from B2 visa. Question maybe then is, out of the two joint sponsors (married couple) who should file the I-864? The joint sponsor who makes more? Does it even matter since they file taxes together, are married and are in the same household? Is it a problem if the person who makes the most money files the I-864a instead of the I-846?

Since you are the petitioner you are the primary sponsor, even if you have no income and never in your life filed taxes you still have to fill out and sign an I-864.

 

Then whoever else is the secondary sponsor. Since those two are married you have a few options:

1. The one that makes more files I-864 and other one doesn't (since the income of the one that makes more is enough to satisfy the affidavit of support requirements).

2. Both file I-864.

3. One files I-864 and the other files I-864A.

Edited September 18, 2020 by Demise