I-864: Brother as Joint Sponsor or Household Member

[beewulf 1]

Dear All, 

 

My wife's I-130 was approved on July 31st. I am a graduate student in Shanghai and so have had no income for a few years; however, I have been filing my taxes and have my bank statements issued to my brother's address in the US. He will be our financial sponsor, and I know his wife will be filing the 864A regardless since they file jointly and are household members. 

 

My issue is that I am not aware if my brother should file the I-864 or the I-864A. One suggestion was to combine our household since we do plan to stay there for a short while upon arrival. Their individual finances are substantial; combined, they are quite a deal more than the necessary amount, even including our daughter. 

 

We have one daughter who is less than a year old and has already obtained her CRBA. She doesn't have an SSN, and since I have no income, I felt no reason to add her as a dependent on my tax returns. From above, I was writing household size as follows: 1 for intending immigrant, 0 for spouse, 1 for dependent child, and 2 for optional relatives in the household contributing income with I-864A, making the total household size to 5. 

 

Otherwise, I would make our household 3 and have my brother file an I-864 and his wife file an I-864A with a household size of 2. 

 

Please, suggest an optimal option for us. We appreciate any and all assistance in this matter. 

 

Best Regards, 

Braden

[Redro 4,611]

Have your brother complete the I864 by himself. You currently do not live with him. This is also easier and simpler. 

Your household size should be you, the wife and any children you have for your I864.

And yes, his wife should complete the I-864A if they file MFJ. And your brother needs to upload any W2s and 1099s with his packet (to show his income separate from his wife's).  

Edited August 3, 2023 by Redro

[Dashinka 24,493]

I agree with @Redro, it is cleaner to have your brother fill out the I864 with an I864A from his spouse.

[pushbrk 12,882]

10 hours ago, Redro said:

Have your brother complete the I864 by himself. You currently do not live with him. This is also easier and simpler. 

Your household size should be you, the wife and any children you have for your I864.

And yes, his wife should complete the I-864A if they file MFJ. And your brother needs to upload any W2s and 1099s with his packet (to show his income separate from his wife's).  

This is correct, but the reason is not just that the petitioner does not currently live with his brother.  Even if they did live in the same house, the petitioner has no income to combine with his brother.

[pushbrk 12,882]

14 hours ago, pushbrk said:

This is correct, but the reason is not just that the petitioner does not currently live with his brother.  Even if they did live in the same house, the petitioner has no income to combine with his brother.

Not sure why you are confused, Redro.  When a joint sponsor qualifies on their own, they should be a "joint sponsor" not the household member of a zero income petitioner.

[Crazy Cat 41,845]

39 minutes ago, pushbrk said:

When a joint sponsor qualifies on their own, they should be a "joint sponsor" not the household member of a zero income petitioner.

Thanks for the clarity.   I've never thought of it like that.  

Edited August 4, 2023 by Crazy Cat

[Redro 4,611]

3 hours ago, pushbrk said:

Not sure why you are confused, Redro.  When a joint sponsor qualifies on their own, they should be a "joint sponsor" not the household member of a zero income petitioner.

Thank you for the clarification. I thought the fact they were not household members was sufficient explanation for why the I864a should not be filed. I try not to add extraneous information to a question. 

Edited August 4, 2023 by Redro

[pushbrk 12,882]

6 hours ago, Redro said:

Thank you for the clarification. I thought the fact they were not household members was sufficient explanation for why the I864a should not be filed. I try not to add extraneous information to a question. 

And you are right that it's "enough" to answer the direct question, but it is only ONE of the reasons.  My policy after all these 18 years here is to think in terms of not just answering direct questions, but telling people what I can see they need to know, and other times, doing a little teaching of the other members, so they are better helpers.  To each their own.

 

[beewulf 1]

Thank you all very much. I do believe we will proceeding with my brother filing the I-864 as a joint sponsor instead of household member. In addition, I appreciate the extra information about no income contributing with my brother. 

[beewulf 1]

I have one more clarification that I appreciate the additional help on: 
The I-864 says that tax transcripts are acceptable. If these are used, it mentions that the 1099 and W2's do not need to be submitted unless they filed jointly and my sister-in-law's income was not being counted. Hers is also being counted via the 864a. Thus, is it acceptable to only submit tax transcripts? Apologies if this sounds obvious, but I would like a second confirmation. 

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income" 

However, below this, it also says: 

"For ALL sponsors: A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify." 
and :
"A copy of their individual Federal income tax return, including W-2s and 1099s, for the most recent tax year, or 
evidence that they were not required to file. You may submit this information for the most recent three years if you 
believe it will help you qualify"

Best regards,

Braden

Edited August 5, 2023 by beewulf

[pushbrk 12,882]

1 hour ago, beewulf said:

I have one more clarification that I appreciate the additional help on: 
The I-864 says that tax transcripts are acceptable. If these are used, it mentions that the 1099 and W2's do not need to be submitted unless they filed jointly and my sister-in-law's income was not being counted. Hers is also being counted via the 864a. Thus, is it acceptable to only submit tax transcripts? Apologies if this sounds obvious, but I would like a second confirmation. 

 

"If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income" 

However, below this, it also says: 

"For ALL sponsors: A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify." 
and :
"A copy of their individual Federal income tax return, including W-2s and 1099s, for the most recent tax year, or 
evidence that they were not required to file. You may submit this information for the most recent three years if you 
believe it will help you qualify"

Best regards,

Braden

Tax RETURN Transcripts are acceptable in your situation, but it will not hurt to include the W2 and 1099 forms.

[powerpuff 6,697]

Hijack post was split off to its own thread in Bringing Family members forum.

 

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