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Leo The Great

Question about bringing I-864A to interview

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My joint sponsor always file  tax return with spouse(Spouse has no income) He used his W-2 income(matches with tax transcript)  on I-864 form. I have already received  DQ email from NVC. My joint sponsor provided me  only those financial document what nvc  asked for during processing. Note: nvc asked for joint sponsor W-2 form and was submitted to nvc to become DQ

Question

Is this necessary to bring I-864A from joint-sponsor spouse to embassy interview if the spouse has no income?

 

From embassy web page

If you previously submitted to NVC an I-864 affidavit of support (AOS) completed by a joint sponsor (not the petitioner):  Bring proof of the joint sponsor’s legal status in the United States (photocopy of a U.S. passport, birth certificate, naturalization certificate, or legal permanent resident card) and their federal U.S. tax return (Form 1040) from the previous year. If the joint sponsor’s tax return includes a spouse, then the spouse must complete Form I-864A.

Edited by Leo The Great
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Filed: Citizen (apr) Country: Russia
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Probably best to have the I864A.

 

Good Luck!

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16 hours ago, Dashinka said:

Probably best to have the I864A.

 

Good Luck!

Thanks for the reply. I just want to understand the reason behind.

Why do i have to take the I-864A  that is not required by nvc  and is not required as per I-864 and I-864A instructions and never asked by NVC?

 

If the joint sponsor file the tax return with spouse, then the only requirement is W-2/I099 form of joint sponsor so that they can  determine if the  income of spouse is used for sponsorship or not and whether I-864A is also required from spouse or not. Which is not the case here.

Edited by Leo The Great
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48 minutes ago, Leo The Great said:

Why do i have to take the I-864A  that is not required by nvc  and is not required as per I-864 and I-864A instructions and never asked by NVC?

 

Because the interviewing officer has discretion to ask for I-864A from the joint sponsor's spouse, regardless of the I-864 instructions.  Remember that NVC's function is only clerical, and it is the consulate that has sole approving authority for visa cases.  They may ask for the I-864A to get written consent from the sponsor's spouse for the use of conjugal assets to support the immigrant.  We've seen reports here on VJ of that scenario happening and delaying the case because the applicant didn't have the I-864A ready at the interview.  Hence the recommendation to prepare the I-864A, just in case.

 

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Hey there! I was in the same position as you. But I went ahead and had my joint sponsor spouse fill out the i864A and made a copy of her passport. I took them to the interview we had just this past May 4th. However our CO didn’t ask for it. But I was happy I had it just in case they may have asked so I didn’t risk delaying our case. I would recommend taking it just to be on the safe side. It doesnt hurt!

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