Joint sponsor questions (merged)

[beloved_dingo 1,976]

17 minutes ago, KevinA74 said:

Which is more important in the deciding factor if a sponsor qualifies on the I-864, annual income (part 6, question 7) or total income (part 6, question 24a)? Would one still qualify if their annual income exceeds 125% of HHS Poverty Guidelines but their total income does not?

If you are a regular W-2 employee (not self-employed), then current income is most important (part 6, question 7). The 2nd question you are referring to is the amount from your 2022 tax return - in other words, not current income. 

 

Is your current income well above the 125% threshold? How long have you been at your current job? 

[KevinA74 2]

1 hour ago, beloved_dingo said:

If you are a regular W-2 employee (not self-employed), then current income is most important (part 6, question 7). The 2nd question you are referring to is the amount from your 2022 tax return - in other words, not current income. 

 

Is your current income well above the 125% threshold? How long have you been at your current job? 

 

Yes, I've been employed for nearly a year.

[pushbrk 12,822]

6 hours ago, KevinA74 said:

Additional possabilities why I got an RFE:

 

1) My payrate changed slightly from what it was at the first of the year. But I calculated my current individual income based on my current payrate. Could this discrepancy trigger an RFE?

 

2) I sent evidence from the IRS that I did not file a tax return in 2020 and 2021 even though it's not required. Maybe it's a case of too much unnecessary information.

 

3) I'm not 100% sure if I sent exactly 6 months worth of paystubs.

 

So, I'm not sure if I should just resubmit everything and hope it's enough or get a joint sponsor. Not knowing the exact reason for the RFE feels like shooting in the dark and hoping it hits something.

Only one pay stub is needed and you would calculate your current income based on the gross for the pay period times the number of pay periods in a full year.  It's July.  Your current pay stub probably shows your year to date pay also.  The six month instruction for pay stubs is an artifact from at least two decades ago.

 

I suspect the issue is that you only just became employed again after a couple years of income below the filing threshold.  Joint sponsor time.

[beloved_dingo 1,976]

19 hours ago, KevinA74 said:

 

Yes, I've been employed for nearly a year.

Then you should be fine. You'll need paystubs to show proof of your current income.

[pushbrk 12,822]

8 hours ago, beloved_dingo said:

Then you should be fine. You'll need paystubs to show proof of your current income.

Paystub, singular is fine.  They all show YTD income now and have for decades the six months of pay stubs is a decades old artifact in the instructions.  Yes, really.  Yes, I'm sure.

[KevinA74 2]

I will be using a joint sponsor who is my mother and lives at the same residence as me. My questions are:

 

1) Should she fill out an I-864 or an I-864a?

 

2) She's retired and recieves SS and pension benefits. Would she need to send the monthy checks as evidence? If so, how many months?

 

3) Would she need to send bank statements. If so, how many?

 

4) She files her taxes jointly with my father. Would he need to fill out an I-864a?

[Mike E 11,739]

1. I-864 

 

2. She should provide her benefit summary from her SSA.gov account.

 

3. If she is trying to qualify with assets, yes:

 

4. Technically no. In practice sometimes it is requested.

[millefleur 5,046]

**Three threads on the same topic merged. Please keep discussion about your question to this thread.**

 

VJ Moderation

[Ontarkie 14,193]

~~Thread moved to AOS from Work, Student and Tourist Visas, from K1 P&P - the OP's wife is adjusting from humanitarian parole. Please stop posting in the AOS from K visa forum if you would like appropriate replies.~~

[K1visaHopeful 2,798]

On 6/30/2023 at 11:37 AM, KevinA74 said:

I sent about six months worth of pay stubs and bank account statements.

Proof of current income can be shown with an employment verification letter and BACKED UP with 6 months worth of current paystubs (no less, ensure you are following the instructions which DO STATE 6 months worth).

Paystubs alone are secondary. EVL is primary.

 

Did you NEED to use ASSETS (bank statements) because your current income didn't meet the guidelines?

If you didn't that's likely ONE of your issues (of many) as the are looking for an official written STATEMENT from your bank divulging your lowest balance within 1 year, not monthly bank statements.

Also the amount you input as assets from your monthly bank statement is incorrect therefore voiding your I864 entirely because you used the wrong asset proof (statement from the bank not monthly bank statements).

 

If you dont need to use assets, don't. Why because you have a greater chance to provide the wrong proof.

Less is more.

Edited July 10, 2023 by K1visaHopeful

[K1visaHopeful 2,798]

On 7/3/2023 at 3:25 PM, KevinA74 said:

 

I did include an Employer Verification Letter. It doesn't state the annual income, only when I was hired, my hourly pay, and how many hours I work each week. I would think that would be sufficient to calculate my annual income (along with my pay stubs).

You would think but they want it spelled out.

Start date.

Estimated salary or earnings for current year (2023).

On official letter head.

[K1visaHopeful 2,798]

On 7/3/2023 at 4:50 PM, KevinA74 said:

Another thing. The REF says, "The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" line from IRS Schedule C or C-EZ." Does this mean they're not counting my current gross annual income?

 

 

 

Refers to self employed employees who often use the wrong box on their ITR.

[K1visaHopeful 2,798]

2 hours ago, KevinA74 said:

I will be using a joint sponsor who is my mother and lives at the same residence as me. My questions are:

 

1) Should she fill out an I-864 or an I-864a?

As above, she is your mother AND lives with you, so she qualifies to be YOUR CO-sponsor. She will not qualify to be a joint sponsor for those reasons so if you mistakenly fill out an I864 and they see she is your mother and living at your address, you'll get another RFE.

JS=I864

CS=I864a

 

2 hours ago, KevinA74 said:

2) She's retired and recieves SS and pension benefits. Would she need to send the monthy checks as evidence? If so, how many months?

Verification of benefits letter.

 

2 hours ago, KevinA74 said:

3) Would she need to send bank statements. If so, how many?

 

Again, assets are ONLY used IF your income doesn't meet the guidelines.

You are not padding. You are meeting only.

 

2 hours ago, KevinA74 said:

4) She files her taxes jointly with my father. Would he need to fill out an I-864a?

If she can prove her individual income PLUS* yours meets the poverty guidelines, then your dad doesn't have to have anything to do with this. Does she have proof of her individual income?

Can you dad provide for himself?

I always recommend in these cases that the non-sponsoring spouse who is jointly included on the ITR of a sponsoring spouse provide their own proof of income to show that they are independent and of course, explained as such in the additional information section of the original I864 as to WHY you are submitting such document.

I always recommend EVERYTHING that could be concluded as confusing or as to why you are submitting something that isnt required is explained in the additional information section. If you don't follow instructions or submit something useless and don't explain it, you can good as well expect them to not accept your I864 entirely because you sent them a bunch of useless documents that prove nothing. They aren't going to figure, interpret or exponentiate anything for you.

(*PLUS because co-sponsors are eligible to ADD their income to original sponsors income on their I864. JOINT Sponsors cannot. JSs have their own household).

[Mike E 11,739]

2 hours ago, Mike E said:

1. I-864 

Since this is contentious, see 

 

[KevinA74 2]

16 hours ago, K1visaHopeful said:

If she can prove her individual income PLUS* yours meets the poverty guidelines, then your dad doesn't have to have anything to do with this. Does she have proof of her individual income?

Can you dad provide for himself?

I always recommend in these cases that the non-sponsoring spouse who is jointly included on the ITR of a sponsoring spouse provide their own proof of income to show that they are independent and of course, explained as such in the additional information section of the original I864 as to WHY you are submitting such document.

I always recommend EVERYTHING that could be concluded as confusing or as to why you are submitting something that isnt required is explained in the additional information section. If you don't follow instructions or submit something useless and don't explain it, you can good as well expect them to not accept your I864 entirely because you sent them a bunch of useless documents that prove nothing. They aren't going to figure, interpret or exponentiate anything for you.

(*PLUS because co-sponsors are eligible to ADD their income to original sponsors income on their I864. JOINT Sponsors cannot. JSs have their own household).

 

Thanks for your input. Yes, my father can provide for himself (he has his own SS and pension benefits). I have a couple of follow-up questions:

 

1) Would my father (the non-sponsoring spouse) then NOT be counted in the household size?

2) If my mother (the co-sponsor) is only counting her income, would she still include the total income on her form 1040 (line 9)?

3) I'm using a co-sponsor in response to an RFE. Should I resend all my evidence as well?