Spouse as joint sponsor or household member? Catch 22

[Msildibp 0]

Hi everyone,

I am in the process of applying for an immigrant visa for my parents. I-130s were approved, the case is with the NVC.

I am a naturalized US Citizen. I am married.  I have filled out several applications with the NVC for others (when I used to be a legal secretary), but when it comes to my own parents, I am stuck. This situation is driving me nuts.

At the moment, I do not have sufficient income to sponsor them, so I wanted to include my husband's income. BUT my husband and I are living separately. I don't know if I can use him as a joint sponsor(I-864) or use his income as a household member (I864A). The instructions I read somewhere on I-864 said I still have to count my spouse in the household size, regardless where he resides. However,  it looks like I cannot use his income and fill out an I-864A, because the requirement for I-864A is to reside at the same address. My other option would be list him as joint sponsor and ask to fill out I-864, but instructions for joint sponsor says, it cannot be a spouse, who is in the household size. Is this catch 22? How should I go about this?

Has anyone been in this same predicament? Any advice would be greatly appreciated.

 

 

 

 

[Dashinka 24,736]

If he is not physically living as the same address as you, then you cannot use the I864A unless your spouse still claims your address as their principle residence.  Probably safer to have your spouse fill out the full I864 as a co-sponsor.

 

Good Luck!

 

Who May Be Considered a Household Member for Purposes of Form I-864A? For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member if at least 18 years of age:

 

1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the sponsor’s ability to support the intending immigrant’s spouse or children;

 

2. The spouse, parent, child, adult son or daughter, or sibling relative of the sponsor, if that relative has the same principal residence as the sponsor; or

 

3. Any other individual whom the sponsor has lawfully claimed as a dependent on the sponsor’s most recent Federal income tax return even if that person does not live at the same residence as the sponsor. If more than one individual agrees to help support the sponsored immigrant, each individual must sign a separate Form I-864A.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf

[arken 4,197]

6 hours ago, Msildibp said:

My other option would be list him as joint sponsor and ask to fill out I-864, but instructions for joint sponsor says, it cannot be a spouse, who is in the household size.

Good for you that your spouse is not in your household.

[Msildibp 0]

Thank you so much for your reply. Originally, I wanted to do a joint sponsor, but when I saw these on a legal site, it was really confusing (I copied and pasted it below). And we filed for 2021 taxes jointly.  In your opinion, if I list him as joint sponsor, do I still count him in the household size ("if you are currently married, enter"1" for your spouse). I cannot deny that we are still married. Also, if he has a separate I-864, does he still have to fill out an I-864A, since he is my spouse and we have joint taxes that I have to submit?

 

"To qualify, an I-864 joint sponsor must meet all of the following requirements:

• Be a U.S. citizen or green card holder
• Be at least 18 years old
• Reside in the United States or a U.S. territory but not in either spouse’s household ......"

and on a different site: 

 

"#3. Calculate household size according to the regulations. 

The rules are very specific as to who must be included in the household size. You must count the sponsor, the sponsor’s spouse (regardless of where the spouse is residing), the sponsor’s unmarried children under 21 (regardless of where they are residing), anyone counted as a dependent on the last tax return, the intending immigrant, and any derivatives who are accompanying the principal beneficiary."

 

Thank you again for your input and advice.

[Msildibp 0]

7 hours ago, Dashinka said:

If he is not physically living as the same address as you, then you cannot use the I864A unless your spouse still claims your address as their principle residence.  Probably safer to have your spouse fill out the full I864 as a co-sponsor.

 

Good Luck!

 

Who May Be Considered a Household Member for Purposes of Form I-864A? For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member if at least 18 years of age:

 

1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the sponsor’s ability to support the intending immigrant’s spouse or children;

 

2. The spouse, parent, child, adult son or daughter, or sibling relative of the sponsor, if that relative has the same principal residence as the sponsor; or

 

3. Any other individual whom the sponsor has lawfully claimed as a dependent on the sponsor’s most recent Federal income tax return even if that person does not live at the same residence as the sponsor. If more than one individual agrees to help support the sponsored immigrant, each individual must sign a separate Form I-864A.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf

Thank you so much for your reply. Originally, I wanted to do a joint sponsor, but when I saw these on a legal site, it was really confusing (I copied and pasted it below). And we filed for 2021 taxes jointly.  In your opinion, if I list him as joint sponsor, do I still count him in the household size ("if you are currently married, enter"1" for your spouse). I cannot deny that we are still married. Also, if he has a separate I-864, does he still have to fill out an I-864A, since he is my spouse and we have joint taxes that I have to submit?

 

"To qualify, an I-864 joint sponsor must meet all of the following requirements:

• Be a U.S. citizen or green card holder
• Be at least 18 years old
• Reside in the United States or a U.S. territory but not in either spouse’s household ......"

and on a different site: 

 

"#3. Calculate household size according to the regulations. 

The rules are very specific as to who must be included in the household size. You must count the sponsor, the sponsor’s spouse (regardless of where the spouse is residing), the sponsor’s unmarried children under 21 (regardless of where they are residing), anyone counted as a dependent on the last tax return, the intending immigrant, and any derivatives who are accompanying the principal beneficiary."

 

Thank you again for your input and advice.

[Dashinka 24,736]

Hmm, when you filed taxes did you both use the same physical address?  If yes, then I think the I864A is appropriate.

[Family 4,152]

Stop giving yourself a headache , NVC will do that for you soon enough. 
 

Pick a position you are willing to defend. I would have hubby sign both I-864 as Joint and I-864-A along with a Dear NVC Letter please accept either or as you deem appropriate, instructions are not clear given our marital living arrangements. 

[Msildibp 0]

7 hours ago, Dashinka said:

Hmm, when you filed taxes did you both use the same physical address?  If yes, then I think the I864A is appropriate.

Yes, I think we did. I sent an inquiry to NVC about this today, but not expecting an early response, if any.

Thank you again. I think I just try I-864A first, and let them send me notice to correct it.