Should we ask my father-in-law to be a joint sponsor for the purpose of the I-864

[Haynes 7]

Hello, thanks for reading.

 

My wife is a US Citizen, and I am a British Citizen. We are applying the consular route for a US Spousal Visa and the I-130 has been approved. I have completed DS-260 and we are currently taking a look at the I-864.

 

My wife lived in the UK with me until from April 2021 to November 2023 when she moved back to the US. For tax returns for the year 2023 which she has completed, she has well over the financial requirement for a household of two due to income earned in the UK, however the W2 specifically has less than the requirements earned in the US due to not being there that long before the year ending Dec 31st 2023. She stayed with the same employer when she moved, they just transferred her from their UK office and payroll to their US office and payroll. We have letters from them stating her salary, role etc and her importance to their business as well as confirming her moving from the UK to the US arm of the business.

 

When I first move to the United States, I will be moving into her parents house before we can purchase / rent our own home. This allows us if required to use my father-in-law as a joint sponsor. 

 

Considering the information above, should we apply just using my wife's income, or apply using both of their income? Ideally we don't want to use my father-in-law due to making things more complicated, but if we have to, we will.

[pushbrk 13,011]

10 minutes ago, Haynes said:

Hello, thanks for reading.

 

My wife is a US Citizen, and I am a British Citizen. We are applying the consular route for a US Spousal Visa and the I-130 has been approved. I have completed DS-260 and we are currently taking a look at the I-864.

 

My wife lived in the UK with me until from April 2021 to November 2023 when she moved back to the US. For tax returns for the year 2023 which she has completed, she has well over the financial requirement for a household of two due to income earned in the UK, however the W2 specifically has less than the requirements earned in the US due to not being there that long before the year ending Dec 31st 2023. She stayed with the same employer when she moved, they just transferred her from their UK office and payroll to their US office and payroll. We have letters from them stating her salary, role etc and her importance to their business as well as confirming her moving from the UK to the US arm of the business.

 

When I first move to the United States, I will be moving into her parents house before we can purchase / rent our own home. This allows us if required to use my father-in-law as a joint sponsor. 

 

Considering the information above, should we apply just using my wife's income, or apply using both of their income? Ideally we don't want to use my father-in-law due to making things more complicated, but if we have to, we will.

You don't need a joint sponsor.  If you did, living in their house is not a requirement.  She has qualifying current income.  Get that number from the employer letter, not a tax return. Chances are her income from all three tax returns will be stated as zero, due to the foreign income exclusion.  That's not a problem.  She's working in the US now.

Edited March 11 by pushbrk

[Crazy Cat 41,985]

9 minutes ago, Haynes said:

We have letters from them stating her salary, role etc and her importance to their business as well as confirming her moving from the UK to the US arm of the business.

Looks fine with no need for a Joint Sponsor.  Since she is an employee, what she currently earns is king...not what was reported on past tax forms.