I-864 & I-864A - Brother in Law

[EddyK 0]

Hello everyone. How are you all? I hope you are all fine. My wife was stated under her mother's taxes and she started her first job this year. So, my question is that what should I mention in the the fields in the form that ask for the tax years and how much she made? Or should I write zero or N/A in the fields and show her mother taxes stating she was under her taxes in her I 864? My brother in law completed I864a and what should be the supporting documents?

[JFH 12,190]

57 minutes ago, EddyK said:

Hello everyone. How are you all? I hope you are all fine. My wife was stated under her mother's taxes and she started her first job this year. So, my question is that what should I mention in the the fields in the form that ask for the tax years and how much she made? Or should I write zero or N/A in the fields and show her mother taxes stating she was under her taxes in her I 864? My brother in law completed I864a and what should be the supporting documents?

They should be completing those forms themselves. They are extremely important as they form a contract between the individual and the US government. Your wife has no option but to be your sponsor, however it is crucial she is fully aware of what she is signing before she submits the form. No one should complete those forms for someone else. Offering help as an interpreter is fine. 
 

Why is your brother-in-Las doing an I-864A? Is he part of your wife’s household for tax purposes? 

[Just Paul 4,595]

If your wife is a dependent then the mother should also file an I-864a as a household member.  If the two of you are being joint sponsored by the brother-in-law and he does not reside with the mother and your wife, then he files an I-864 and his wife should file an I-864A if they file taxes jointly.

[Lucky2Lucky 2,526]

I suggest your wife joins as she needs to be the one informed on what she is doing as it is her contract with the US government.. I think what you are saying is your wife mother claimed her as a dependent? Because a mother and adult daughter don't file "joint taxes" together. . It would be helpful if she could chime in.

[EddyK 0]

My wife is the main petitioner. She's is the one going to fill I864 but she doesn't meet the requirements. Her brother who lives in the same house can support her I 864 petition through I 864A or not?

[EddyK 0]

1 hour ago, JFH said:

They should be completing those forms themselves. They are extremely important as they form a contract between the individual and the US government. Your wife has no option but to be your sponsor, however it is crucial she is fully aware of what she is signing before she submits the form. No one should complete those forms for someone else. Offering help as an interpreter is fine. 
 

Why is your brother-in-Las doing an I-864A? Is he part of your wife’s household for tax purposes? 

My wife brother's lives in the same house though. My wife is the main petitioner and doesn't meet the requirements. It's in the instructions though. 

[JFH 12,190]

OK, he lives in the same house. So your wife has started a new job. She will need to submit paystubs and an employment letter as proof of current income. Are you saying that even with this new job she is still too low to sponsor you? 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,910]

On 10/28/2020 at 2:18 PM, JFH said:

They should be completing those forms themselves. They are extremely important as they form a contract between the individual and the US government. Your wife has no option but to be your sponsor, however it is crucial she is fully aware of what she is signing before she submits the form. No one should complete those forms for someone else. Offering help as an interpreter is fine. 
 

Why is your brother-in-Las doing an I-864A? Is he part of your wife’s household for tax purposes? 

Who completes the forms (typist) is not important.  That the correct combination of forms is used to match the circumstances, that they are properly signed, that the information is correct as provided by the signer, and the supporting documentation is provided are what is important.

 

We don't quite have enough information yet to give proper advice as to whether the brother should act as household member or as Joint Sponsor, but if his or he and his wife's income qualifies, then he should not act as household member.  He should be joint sponsor.  If married, his wife is HIS household member.  The petitioner is still the primary sponsor, whether her income qualifies or not.