I864A - Is it Always needed?

[ClemsonC 62]

If the joint sponsor makes well above the poverty line (6 digits), and did not use their spouses income in their i864 and mfj , is the i864A still needed?

[Rocio0010 5,579]

No. As per I-864 instructions:

“Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements. The obligations of the household member under this contract terminate when the obligations of the sponsor under the Affidavit of Support terminate

[Chancy 6,241]

4 hours ago, ClemsonC said:

If the joint sponsor makes well above the poverty line (6 digits), and did not use their spouses income in their i864 and mfj , is the i864A still needed?

 

Depends on the interviewing officer.  While technically not required, the CO has discretion to ask for an I-864A from the joint sponsor's spouse anyway, to get written consent for the use of conjugal assets to support the immigrant.

 

[pushbrk 12,877]

5 hours ago, Chancy said:

 

Depends on the interviewing officer.  While technically not required, the CO has discretion to ask for an I-864A from the joint sponsor's spouse anyway, to get written consent for the use of conjugal assets to support the immigrant.

 

Yes, it's always been best practice to provide the I-864a from a joint tax filing spouse of a joint sponsor.  To not do so is to risk delay while providing it upon request then waiting in another queue for consideration.

[pushbrk 12,877]

10 hours ago, Rocio0010 said:

No. As per I-864 instructions:

“Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements. The obligations of the household member under this contract terminate when the obligations of the sponsor under the Affidavit of Support terminate

That part of the instructions is for when the petitioner is combining income from a household member.  Different circumstances and practices when a joint sponsor files taxes jointly with a spouse.

[Rocio0010 5,579]

24 minutes ago, pushbrk said:

That part of the instructions is for when the petitioner is combining income from a household member.  Different circumstances and practices when a joint sponsor files taxes jointly with a spouse.

Gotcha. Thanks! 

[ClemsonC 62]

So why doesn’t nvc ask for this prior to DQ’ing people? Now I’m panicking. 
I don’t think the spouse is comfortable with this!

She makes well above guidelines , we were hoping we’d be fine. 
2019 she filed married filing sep

2020 filed married filing sep

2021 was the first year it was mfj

Edited September 19, 2022 by ClemsonC

[pushbrk 12,877]

2 minutes ago, ClemsonC said:

So why doesn’t nvc ask for this prior to DQ’ing people? Now I’m panicking. 
I don’t think the spouse is comfortable with this!

She makes well above guidelines , we were hoping we’d be fine. 
2019 she filed married filing sep

2020 filed married filing sep

2021 was the first year it was mfj

What you've done is technically enough, right up until a Consular Officer asks for the I-864a from the joint filing spouse.  It's about the contract, not whether she/he qualifies.  Consular Officers tend to want both spouse's signatures on the contract.  You can always wait and see what happens.

[ClemsonC 62]

1 minute ago, pushbrk said:

What you've done is technically enough, right up until a Consular Officer asks for the I-864a from the joint filing spouse.  It's about the contract, not whether she/he qualifies.  Consular Officers tend to want both spouse's signatures on the contract.  You can always wait and see what happens.

Thank you for your guidance. 

[ClemsonC 62]

6 minutes ago, pushbrk said:

What you've done is technically enough, right up until a Consular Officer asks for the I-864a from the joint filing spouse.  It's about the contract, not whether she/he qualifies.  Consular Officers tend to want both spouse's signatures on the contract.  You can always wait and see what happens.

We're in a position that we may not even need the Joint Sponsor anyhow. My husband makes above the guidelines as well, but where he re-patriated back to the US to reistablish his domicile and transferred from "company-Canada to company-USA" and we didn't have his 2021 tax return yet due to tax extension, we got a joint sponsor anyways just in case. Hopefully we will be okay with just my husband being the sponsor.  

At NVC we provided his Canadian W2s equivalent /1040 and tax statements for 2018,2019,2020.. and a note stating why we didn't submit his 2021 due to tax filing extension, and we had a joint sponsor just in case. 

Well, in May my hubby transferred to his companies office in the US and I now have his paystubs from May until now showing his income amounts, and will provide his 2021 tax statement and W2 equivalent and tax returns at the consulate. 

So fingers crossed we will be OK!

Edited September 19, 2022 by ClemsonC
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