Sponsor & Joint sponsor finance evidence enough?

[RM1996 4]

Hi all, 

 

Just wanting to clarify i have the right evidence moving forward with NVC with a sponsor and joint sponsor .

 

We (USC & Australian Beneficiary) will be living with the JOINT sponsor (USC mother).

 

Sponsors evidence will also be domicile evidence as she currently lives in Australia with me (therefore some might not relevant for her case but just including it).

 

My partner (USC) is self employed with $0 for 2021 to current.

 

Sponsor USC:

- i-864

- Passport

- Marriage certificate 

- LLC licensing & Business registration in USA

- Business bank account with $60,000 USD.

- Personal bank statements of USA account.

- Single filled tax returns for 2019,2020 & MFS tax returns 2021 (even though its $0. This is for domicile).

- USA Private health insurance 

- Written letter stating reasoning why being in Australia for 4 years including Australian study visa + post study visa 

- Signed contract with production company in USA. 

 

JOINT Sponsor: Self employed. 

- i-864 and i-864a (as we will be moving in with her, is i-864a necessary?)

- LLC & state business registration

- Copy of passport

- 3 years of tax returns including W2

- 3 years of 1099 and schedules C (i believe). 

- Written letter stating business and involvement with the business, signed and dated

 

 

For the joint sponsor should i include bank statements? or will tax transcripts be efficient enough as she earns well above the USCIS guidelines. 

 

Please let me know if anything is missing. Thank you all for your help!!!

 

 

 

Edited January 27, 2022 by RM1996
spelling mistakes

[Chancy 6,241]

*** Moved from Tax & Finances During US Immigration to IR1/CR1 Process & Procedures ***

 

[Wuozopo 4,293]

@RM1996

 

I would keep it simple and only send what is required so as not to confuse the NVC and get delayed. They have no interest in why you are in Australia. They know you are married. It was proven in the petition. 

 

SPONSOR

Form I-864

Most recent tax return. That would be 2020 until April 18 or 2021 if you have already filed it. If you took the foreign income exclusion, your total income line on the 1040 will say $0 or the amount to interest you earned on your accounts. 
Since your income will be insufficient, the NVC will move on to your joint sponsor. 
 

JOINT SPONSOR (assuming she is a single person who did not file a Joint return)

Form I-864

Most recent tax return If the total income line is sufficient for her household size, then you don’t actually need anything else. Her household is her, the immigrant, and perhaps younger children still living at home or away to college. 
Proof of US citizenship (or permanent residence)

 

If Mom has a husband and files a joint tax return, there’s additional things to consider.
Tax transcripts for both of you is preferred, but if you have already filed 2021 they may not be available. In that case every form and schedule in your return and any 1099 wage statements you may have gotten if you are a contractor.

 

Bank statements are usually only if you need to sponsor using assets. You almost have enough just based on your $60k mentioned. If your other assets/accounts not mentioned put you over the threshold of $65,325, you could be the sponsor on your own. If your spouse has savings or assets , those can be included with what you have. 

Anyway, confirm who currently is in Mom’s household. Your future plans to live there don’t count. She is not supporting you or claiming you as a dependent on her tax return. This is her financial household the day she signs her form + the intending immigrant.

 

Edited January 27, 2022 by Wuozopo

[RM1996 4]

5 minutes ago, Wuozopo said:

@RM1996

 

I would keep it simple and only send what is required so as not to confuse the NVC and get delayed. They have no interest in why you are in Australia. They know you are married. It was proven in the petition. 

 

SPONSOR

Form I-864

Most recent tax return. That would be 2020 until April 18 or 2021 if you have already filed it. If you took the foreign income exclusion, your total income line on the 1040 will say $0 or the amount to interest you earned on your accounts. 
Since your income will be insufficient, the NVC will move on to your joint sponsor. 
 

JOINT SPONSOR (assuming she is a single person who did not file a Joint return)

Form I-864

Most recent tax return If the total income line is sufficient for her household size, then you don’t actually need anything else. Her household is her, the immigrant, and perhaps younger children still living at home or away to college. 
Proof of US citizenship (or permanent residence)

 

If Mom has a husband and files a joint tax return, there’s additional things to consider.
Tax transcripts for both of you is preferred, but if you have already filed 2021 they may not be available. In that case every form and schedule in your return and any 1099 wage statements you may have gotten if you are a contractor.

 

Bank statements are usually only if you need to sponsor using assets. You almost have enough just based on your $60k mentioned. If your other assets/accounts not mentioned put you over the threshold of $65,325, you could be the sponsor on your own. If your spouse has savings or assets , those can be included with what you have. 

Anyway, confirm who currently is in Mom’s household. Your future plans to live there don’t count. This is her financial household the day she signs her form.

 

Fantastic! Thanks for all that info.

 

I've seen in other posts on facebook if you use a co-sponsor they prefer to have the i-864A? Will there be any harm in adding this?

 

Our joint sponsor USC Mother lives alone and has no dependents on her tax returns for this year - the pass she has used USC (my wife) as a dependent..

So 2018, 2019, 2020 tax returns have 1 dependent as my wife studies abroad.  Moms annual income is over 170k. Once she completes 2021 this will have no dependents.

[Wuozopo 4,293]

13 minutes ago, RM1996 said:

Fantastic! Thanks for all that info.

 

I've seen in other posts on facebook if you use a co-sponsor they prefer to have the i-864A? Will there be any harm in adding this?

 

Our joint sponsor USC Mother lives alone and has no dependents on her tax returns for this year - the pass she has used USC (my wife) as a dependent..

So 2018, 2019, 2020 tax returns have 1 dependent as my wife studies abroad.  Moms annual income is over 170k. Once she completes 2021 this will have no dependents.

First off I thought you were the USC with the self employment and $60k. You stated it clearly but my head got muddled somewhere so I may have  said you or her in the wrong places, but I think you can see the concept. Please ask questions if I confused you.

If Mom uses her 2020 tax transcript as evidence because she hasn’t filed 2021 yet, your wife is a dependent and her household is 3–Herself, her daughter, the immigrant (you). If she files her 2021 taxes before you submit forms to NVC, then her household is 2 and she submits 2021 tax as her evidence. I would try to go with 2020 because you already have a transcript, if Mom doesn’t mind holding off on filing. 2020 return can be “most recent” until April 18 (filing deadline for 2021).

 

 Next topic…..
The joint sponsor must be able to show their personal income is adequate.  If Mom had a husband and filed a joint tax return, it would show all the income in one “pot” and not separate the income into how much was Mom’s and how much was Dad’s. That’s where this I-864a talk comes from. The income shown on her tax return is all hers. There is no “Dad money” or a reason for Dad to do an I-864a saying essentially “it’s okay to count my money too”.  There is no “Dad money” or I-864a in your situation.

 

 

[pushbrk 12,898]

2 hours ago, Wuozopo said:

First off I thought you were the USC with the self employment and $60k. You stated it clearly but my head got muddled somewhere so I may have  said you or her in the wrong places, but I think you can see the concept. Please ask questions if I confused you.

If Mom uses her 2020 tax transcript as evidence because she hasn’t filed 2021 yet, your wife is a dependent and her household is 3–Herself, her daughter, the immigrant (you). If she files her 2021 taxes before you submit forms to NVC, then her household is 2 and she submits 2021 tax as her evidence. I would try to go with 2020 because you already have a transcript, if Mom doesn’t mind holding off on filing. 2020 return can be “most recent” until April 18 (filing deadline for 2021).

 

 Next topic…..
The joint sponsor must be able to show their personal income is adequate.  If Mom had a husband and filed a joint tax return, it would show all the income in one “pot” and not separate the income into how much was Mom’s and how much was Dad’s. That’s where this I-864a talk comes from. The income shown on her tax return is all hers. There is no “Dad money” or a reason for Dad to do an I-864a saying essentially “it’s okay to count my money too”.  There is no “Dad money” or I-864a in your situation.

 

 

Note that if Mom is married, she needs an I-864a from her husband whether he has income or not, and whether his income is needed or not.  She isn't married, so nobody to provide an I-864a.

 

Mom is not using the petitioner as a sponsor NOW, so household is two, herself, and the immigrant.

[Wuozopo 4,293]

18 minutes ago, pushbrk said:

Note that if Mom is married, she needs an I-864a from her husband whether he has income or not, and whether his income is needed or not.  She isn't married, so nobody to provide an I-864a.

I thought that’s what I said. 
 

 

18 minutes ago, pushbrk said:

Mom is not using the petitioner as a sponsor NOW, so household is two, herself, and the immigrant.

I’ll go along with that as her current situation right now. I was thinking a 2020 return for evidence would have a dependent which would be incongruous with a reported household of Mom+immigrant, leaving out the dependent shown on the return. But I’ve always suspected the blokes at NVC don’t look at the details in a tax return or would know how to read one anyway.

[pushbrk 12,898]

57 minutes ago, Wuozopo said:

I thought that’s what I said. 
 

 

I’ll go along with that as her current situation right now. I was thinking a 2020 return for evidence would have a dependent which would be incongruous with a reported household of Mom+immigrant, leaving out the dependent shown on the return. But I’ve always suspected the blokes at NVC don’t look at the details in a tax return or would know how to read one anyway.

I meant not claiming petitioner as dependent, not "sponsor".  My bad, but I guess you understood.  

 

The OP said "in the pass" which I interpreted to be "in the past" but I saw no indication of how far in the past.  Unless it was on the most recent tax return, it doesn't matter.

 

My point regarding a joint sponsor's spouse is that the issue is not tied to whether the spouse has income or how much.  It's tied to the fact that they are married, and Consular Officers typically want an I-864a from the spouse, regardless of anything except they are married, NOT as simply a means of stating how much of total past income belongs to which spouse.  Not applicable in this case but a concept to remember for future advice.

Edited January 28, 2022 by pushbrk

[Wuozopo 4,293]

1 hour ago, pushbrk said:

meant not claiming petitioner as dependent, not "sponsor".  My bad, but I guess you understood.  

Yes I figured that out.

 

1 hour ago, pushbrk said:

The OP said "in the pass" which I interpreted to be "in the past" but I saw no indication of how far in the past.  Unless it was on the most recent tax return, it doesn't matter.

He posted 

“So 2018, 2019, 2020 tax returns have 1 dependent as my wife studies abroad.  Moms annual income is over 170k. Once she completes 2021 this will have no dependents.”

Yes, the most recent return she has filed had one dependent, the petitioner.

 

1 hour ago, pushbrk said:

My point regarding a joint sponsor's spouse is that the issue is not tied to whether the spouse has income or how much. 

And my point was just to give a simple language example of why he was reading on Facebook that an I-864a is needed for a joint sponsor and why it didn’t apply to his situation. I try to keep it very basic when it’s obvious the OP is very confused about a joint sponsor. 
He posted:
“I've seen in other posts on facebook if you use a co-sponsor they prefer to have the i-864A? Will there be any harm in adding this?”

I understand and agree with your point, but sometimes all the technicalities you prefer,  only further confuses a confused person, which I think you enjoy doing. Meanwhile I tend to explain like the OP is a 10 yr old. Different styles. 
 

Anyway, hopefully he understands Mom did not file a joint tax return, so there is no I-864a needed.

 

 

 

 

[pushbrk 12,898]

Yes we have different approaches. After all these years, I often provide information in the context of informing all readers, in addition to providing the specific information asked about.  Also, we more experienced members (you included) tend to add information we see the person doing the asking ALSO needs to know.  Carry on. 😀

[RM1996 4]

On 1/28/2022 at 10:52 AM, Wuozopo said:

I thought that’s what I said. 
 

 

I’ll go along with that as her current situation right now. I was thinking a 2020 return for evidence would have a dependent which would be incongruous with a reported household of Mom+immigrant, leaving out the dependent shown on the return. But I’ve always suspected the blokes at NVC don’t look at the details in a tax return or would know how to read one anyway.

Hi, thanks for your advice. The UCS will be using $60,000 of saving as assets for form i-864, so as stated by the answers in this thread i864a will not be used and the USC mom will be filing a separate i-864 with their annual income.

 

For the petitioners household size in part 5 will be 2.

 

In part 6 item 20 annual income will be $0 and boxes 21 & 22 will be left blank ?

 

21. The people listed in 8,11,14 and 17 have completed form i-864. I am filing along with this affidavit all necessary form i-864as completed by these people. 

22. One of more of the people listed in item numbers 8,11,14 and 17 do not need to complete form i-864a because he or she is the intending immigrant and has no accompanying dependents.

 

 

[pushbrk 12,898]

44 minutes ago, RM1996 said:

Hi, thanks for your advice. The UCS will be using $60,000 of saving as assets for form i-864, so as stated by the answers in this thread i864a will not be used and the USC mom will be filing a separate i-864 with their annual income.

 

For the petitioners household size in part 5 will be 2.

 

In part 6 item 20 annual income will be $0 and boxes 21 & 22 will be left blank ?

 

21. The people listed in 8,11,14 and 17 have completed form i-864. I am filing along with this affidavit all necessary form i-864as completed by these people. 

22. One of more of the people listed in item numbers 8,11,14 and 17 do not need to complete form i-864a because he or she is the intending immigrant and has no accompanying dependents.

 

 

If there's a question in there, I don't get it.  Please clarify.  

 

Is mom married?

[RM1996 4]

1 minute ago, pushbrk said:

If there's a question in there, I don't get it.  Please clarify.  

 

Is mom married?

No, mom is not married. 

 

In form i-864 part 6 item 20 there are TWO boxes stating the following:

 

• 21. The people listed in 8,11,14 and 17 have completed form i-864. I am filing along with this affidavit all necessary form i-864as completed by these people. 
• 22. One of more of the people listed in item numbers 8,11,14 and 17 do not need to complete form i-864a because he or she is the intending immigrant and has no accompanying dependents.

 

I am just clarifying that these boxes can be left BLANK  in both the USC i-864 & Joint Sponsors i-864.

As MOM is not filing form i-864A, only filing i-864 as stated in the thread.

[pushbrk 12,898]

2 minutes ago, RM1996 said:

No, mom is not married. 

 

In form i-864 part 6 item 20 there are TWO boxes stating the following:

 

• 21. The people listed in 8,11,14 and 17 have completed form i-864. I am filing along with this affidavit all necessary form i-864as completed by these people. 
• 22. One of more of the people listed in item numbers 8,11,14 and 17 do not need to complete form i-864a because he or she is the intending immigrant and has no accompanying dependents.

 

I am just clarifying that these boxes can be left BLANK  in both the USC i-864 & Joint Sponsors i-864.

As MOM is not filing form i-864A, only filing i-864 as stated in the thread.

Yes, you can leave those blank.  No reason at all for an unmarried joint sponsor to file an I-864a.  That's for combining income, or for joint sponsor's spouse.

[RM1996 4]

On 2/6/2022 at 10:31 AM, pushbrk said:

Yes, you can leave those blank.  No reason at all for an unmarried joint sponsor to file an I-864a.  That's for combining income, or for joint sponsor's spouse.

Hi again, 

sorry to keep asking questions but I’ve noticed I’ve found the most relevant information on other threads from you and would like your advice. 
 

My joint sponsor who is self employed has the last 3 years of tax transcripts. We are currently at NVC. 
 

She has lost her 1099 for 2019 which she is unable to find. Will this evidence be sufficient enough as she makes well above the poverty. 

- LLC business registration
- 3 years of tax transcripts 
- 1099 for 2020 & 2021 

- 1040 for 2019 & 2020. 
 

or would it be safer to just upload the most recent tax year transcript plus the 1099, 1040 and LLC business registration. Thank you