Only using husbands income as Joint Sponsor

[CJohn 1]

My cousin got married last year and filed taxes jointly with his wife. He personally made $80,000.00 last year. 

 

In the expected annual income area i only wrote his expected income for 2022 and the total joint income in the 2021 tax area ($150,000.00). 

 

I also uploaded 6 months of paystubs supporting his expected income for 2022. I also added 2019-2020-2021 W2 and 2019-2020-2021 tax transcripts. but 2021 tax transcripts total income is more since they filed jointly.

 

I also explained at the end that we will only be using his income and nobody else's income from the household including his wife's. Is there anything else i have to do to explain that we use only his income ?

 

I also added a letter to remove the previous joint sponsor for which the NVC had sent RFE for his proof of income, I noted that the previous JS didnt meet the required financials and that my cousin does and i signed with a pen.

 

Has anyone successfully changed joint sponsors after most of the documents were accepted but NVC asked for proof of income because they didnt meet it ?

 

 

[CJohn 1]

Also i did not upload an I-864A for his wife since only my cousins income is more than enough for the past 3 years.

 

Thoughts ?

[Lil bear 4,201]

10 minutes ago, CJohn said:

Also i did not upload an I-864A for his wife since only my cousins income is more than enough for the past 3 years.

 

Thoughts ?

While this meets the stated requirements, it is up to the IO if they want to see the i864a. If you can get it and upload it to CEAC, it may avoid a delay or it may prove unnecessary. If you are already DQ then the beneficiary can take it to  the interview  No way of knowing in advance how the IO will approach it at your interview 

[CJohn 1]

1 minute ago, Lil bear said:

While this meets the stated requirements, it is up to the IO if they want to see the i864a. If you can get it and upload it to CEAC, it may avoid a delay or it may prove unnecessary. If you are already DQ then the beneficiary can take it to  the interview  No way of knowing in advance how the IO will approach it at your interview 

I've already stated that we will only be using one of the spouses like this? :

 

 

[Chancy 6,241]

6 minutes ago, CJohn said:

I've already stated that we will only be using one of the spouses like this? :

 

Like @Lil bear said, the interviewing consul officer has discretion to ask for a signed I-864A from the joint sponsor's spouse, especially if they filed taxes MFJ.  We cannot predict how the CO will decide in your case.

 

[Crazy Cat 41,845]

14 minutes ago, CJohn said:

I've already stated that we will only be using one of the spouses like this? :

 

 

Why not just include a signed I-864a by the spouse to avoid any possible issues?  

[Rocio0010 5,579]

1 hour ago, CJohn said:

I also explained at the end that we will only be using his income and nobody else's income from the household including his wife's. Is there anything else i have to do to explain that we use only his income ?

This is up to the IO. They might ask to see an I-864A, they might not. But you are risking a possible denial since they already gave you a chance with an RFE. I wouldn't risk it.

[Lil bear 4,201]

1 hour ago, CJohn said:

I've already stated that we will only be using one of the spouses like this? :

 

 

Because your statement does not override the IO authority to determine what documents  are needed and to make a decision based on his/her judgements   

Edited September 23, 2022 by Lil bear

[CJohn 1]

How would i go about adding the i-864A then ? I've already submitted the i-864 without adding anyone to the part ''Income you are using from any other person who was counted in your household size''. 

 

Should i just submit the spouses w2 information as well even though they will not be contributing their income ? If yes do i need paystubs, tax returns as well ?

[powerpuff 6,697]

~~ Two duplicate threads removed. Do not start multiple threads asking same or related questions as that is considered spamming ~~
 

14 hours ago, CJohn said:

What if we have uploaded the i864 by leaving the ''Income you are using from any other person who was counted in your household size'' blank ? Should we add the i864A before they check the documents or after ?

Also how would we add it since it was left blank ? and what other docs would the household memeber spouse need ?

 

9 hours ago, CJohn said:

Everyone is suggesting that i add I-864A for my joint sponsor's spouse since they filed taxes jointly, but i have already submitted I-864 for my joint sponsor and left the household member income parts blank 'NA'. I've also added a note at the end saying we will only be using his income.

 

How do i go about adding the i-864A even though household member income is blank on the i-864 ?

 

I've uploaded a W2 file that shows the income of both of them separately and the total income as well. 

 

 

16 hours ago, CJohn said:

How would i go about adding the i-864A then

You were told above that the consular officer will determine at the interview — which means that you bring it to the interview.

[CJohn 1]

I was able to get approved after using only my cousins income. Even though they are married it was accepted and didnt require his spouse to sign the support form