Joint sponsor or co-sponsor??

[RonMari 2]

My sister, a household member, has agreed to be a joint sponsor with me, however I'm not sure if she should use the I-864 or I-864A.  She was not required to file taxes due to her SS income level.  I noticed on the I-864A no option to indicate that, such as on the I-864, Part 6, line 17.

Would it be better to use the I-864 so she can note no tax filing required, and submit evidence to support that?  If she is required to use the I-864A because she's a household member, is it acceptable to just submit evidence explaining the reason for no tax transcript?

 

[JeanneAdil 6,855]

joint sponsor files I 864a

include the letter from SS that we get each year stating the income for the following year 

Get the letter from IRS or include a letter from her showing she doesn't file

 

• Verification of non-filing letter - states that the IRS has no record of a processed Form 1040-series tax return as of the date of the request. It doesn't indicate whether you are required to file a return for that year. This letter is available after June 15 for the current tax year or anytime for the prior three tax years. Use Form 4506-T if you need a letter for older tax years.

[S2N 80]

Above answer works: you provide evidence and a letter. They might have more questions and ask for more evidence, but if she’s not a filer there’s no requirement to file.
 

The other option is to use FreeTaxUSA to file a return even if not required and report $1 in interest income (won’t have any tax impact but you have to report something for e-File.)

 

Can be done for the three most recent tax years free online using efile and if the only source of income is SS, it’s incredibly easy to do. Can also have VITA do it

 

Has non-immigration benefits as well since a lot of government programs are easier to access with a filed return and it closes off that SSN from identity theft (i.e. someone fraudulently filing a return using your sisters SSN and claiming a refund and then your sister getting hit with a bill.)

 

Personal choice, but anytime someone brings up that they’re not required to file I always point out that anyone who qualifies as a non-filer is going to have a really simple return and 9/10 when dealing with the government it’s easier to just do the free simple thing rather than rely on an exception and have to explain it.

Edited Saturday at 07:57 PM by S2N

[pushbrk 13,360]

5 hours ago, JeanneAdil said:

joint sponsor files I 864a

include the letter from SS that we get each year stating the income for the following year 

Get the letter from IRS or include a letter from her showing she doesn't file

 

• Verification of non-filing letter - states that the IRS has no record of a processed Form 1040-series tax return as of the date of the request. It doesn't indicate whether you are required to file a return for that year. This letter is available after June 15 for the current tax year or anytime for the prior three tax years. Use Form 4506-T if you need a letter for older tax years.

A "joint sponsor" never files an I-864a.  That's for a household member, and even then only when it's a joint tax filing spouse or a household member who is combining income with the petitioner.  If the petitioner and her same house living sister are combining income, then sister is "Household member" not joint sponsor.  (Note the term "co-sponsor" does not apply anywhere in this context.)  If the sister qualifies on her own, she should be the "Joint Sponsor" and provide an I-864.  The Petitioner and anybody she doesn't directly support will not be counted in her household.

 

This kind of situation can get quite complicated depending on how many people live in the same house, as just living there and being related in a certain way, does not necessarily mean they count in the household.

Typically, no letter from the IRS is needed.  Just check the box that says they were not required to file.  NVC and the Consular Officer know people with only SS income don't need to file a tax return.

 

Presumably, if the sister's only income is Social Security, she would not be my first choice as a joint sponsor.  More information is needed for better advice.

Edited Saturday at 08:51 PM by pushbrk

[RonMari 2]

29 minutes ago, pushbrk said:

A "joint sponsor" never files an I-864a.  That's for a household member, and even then only when it's a joint tax filing spouse or a household member who is combining income with the petitioner.  If the petitioner and her same house living sister are combining income, then sister is "Household member" not joint sponsor.  (Note the term "co-sponsor" does not apply anywhere in this context.)  If the sister qualifies on her own, she should be the "Joint Sponsor" and provide an I-864.  The Petitioner and anybody she doesn't directly support will not be counted in her household.

 

This kind of situation can get quite complicated depending on how many people live in the same house, as just living there and being related in a certain way, does not necessarily mean they count in the household.

Typically, no letter from the IRS is needed.  Just check the box that says they were not required to file.  NVC and the Consular Officer know people with only SS income don't need to file a tax return.

 

Presumably, if the sister's only income is Social Security, she would not be my first choice as a joint sponsor.  More information is needed for better advice.

Thank you for the clarification, and food for thought.  I own a home as an asset, but I understand that can be hit or miss with the NVC and/or consulate.

[pushbrk 13,360]

2 hours ago, RonMari said:

Thank you for the clarification, and food for thought.  I own a home as an asset, but I understand that can be hit or miss with the NVC and/or consulate.

Equity in the primary residence is not considered liquid. If you can document significant equity, that's a positive thing, but will not be considered liquid in terms of qualifying.  Did you plan to combine income with your sister, or does she have enough to  qualify on her own?  

[RonMari 2]

I own the house outright, but I'm coming to the conclusion I don't have much of a chance to get an approval, due to lack of sufficient income.  I don't have the luxury of getting a joint sponsor.  And my situation at this time is such that I can't get a job to make up the difference.

 

How discouraging it is to know that we've had a government allowing millions of people to enter this country illegally and stay, fly them in and pay for accomodations and food.  Yet, I have to jump through hoops and spend hundreds of dollars, only be told in the end, I can't bring my wife to live with me, all for the lack of only several thousand dollars a year.

[S2N 80]

58 minutes ago, RonMari said:

I own the house outright, but I'm coming to the conclusion I don't have much of a chance to get an approval, due to lack of sufficient income.  I don't have the luxury of getting a joint sponsor.  And my situation at this time is such that I can't get a job to make up the difference.

 

How discouraging it is to know that we've had a government allowing millions of people to enter this country illegally and stay, fly them in and pay for accomodations and food.  Yet, I have to jump through hoops and spend hundreds of dollars, only be told in the end, I can't bring my wife to live with me, all for the lack of only several thousand dollars a year.

Easier said than done, I know, but have you considered looking for an additional stream of income? If you’re only a few thousand off a part-time job might be an option.

[KMG 190]

1 hour ago, RonMari said:

I own the house outright, but I'm coming to the conclusion I don't have much of a chance to get an approval, due to lack of sufficient income.  I don't have the luxury of getting a joint sponsor.  And my situation at this time is such that I can't get a job to make up the difference.

 

How discouraging it is to know that we've had a government allowing millions of people to enter this country illegally and stay, fly them in and pay for accomodations and food.  Yet, I have to jump through hoops and spend hundreds of dollars, only be told in the end, I can't bring my wife to live with me, all for the lack of only several thousand dollars a year.

I am working with a joint sponsor right now, too.  It is INCREDIBLY discouraging to know what has gone on in the U.S. and all the hoops we have to jump through. 15+ wait time..... So glad that change is finally taking place.

[pushbrk 13,360]

3 hours ago, RonMari said:

I own the house outright, but I'm coming to the conclusion I don't have much of a chance to get an approval, due to lack of sufficient income.  I don't have the luxury of getting a joint sponsor.  And my situation at this time is such that I can't get a job to make up the difference.

 

How discouraging it is to know that we've had a government allowing millions of people to enter this country illegally and stay, fly them in and pay for accomodations and food.  Yet, I have to jump through hoops and spend hundreds of dollars, only be told in the end, I can't bring my wife to live with me, all for the lack of only several thousand dollars a year.

While your feelings are understandable, expressing them is not helpful to you.  Answering questions I already asked, and providing details would help us help you.  You mention a sister who lives in your house but only has social security as her income.  If you plan to combine income with her, she would not be a "joint sponsor".  She would be your "household member".  Words mean things and details matter.  Please clarify so we can provide meaningful advice. OK?

 

[RonMari 2]

I appreciate all the feedback.  I'll try to be clear with a complicated issue. 

 

My income is only SS and VA Disability, which combined, does not meet the 125% guideline.  I would like to get a part time job to make up the difference, but my life circumstances at this time makes it difficult to have consistent employment.  

 

The only asset I have is a home I own, no mortgage. The appraised value would be well above the required 3x amount for the difference in income.  I am putting it up for sale since I relocated from another state to my sister's residence, temporarily, for the purpose of being closer to family.  With the proceeds of my current house, eventually, I intend to buy another one near my sister.

 

From my understanding of what I've read here on VJ, and elsewhere, it seems like using assets to make up the difference is a shot in the dark.  So, I had asked my sister if she would be willing to help. However, I don't understand which form she should use, I-864 or I-864A.  She owns her home, and her only income is SS survivor benefit, which is above the 125% guideline.  There is no other joint sponsor available.

 

If she would not be a good candidate as a sponsor, or if using my assets may not be sufficient, then I will need to reevaluate if I should continue in the visa process.  It's too stressful, time consuming and costly without some kind of hope that we have a reasonable chance of success.

 

 

 

 

 

Edited Sunday at 02:13 PM by RonMari

[pushbrk 13,360]

6 hours ago, RonMari said:

I appreciate all the feedback.  I'll try to be clear with a complicated issue. 

 

My income is only SS and VA Disability, which combined, does not meet the 125% guideline.  I would like to get a part time job to make up the difference, but my life circumstances at this time makes it difficult to have consistent employment.  

 

The only asset I have is a home I own, no mortgage. The appraised value would be well above the required 3x amount for the difference in income.  I am putting it up for sale since I relocated from another state to my sister's residence, temporarily, for the purpose of being closer to family.  With the proceeds of my current house, eventually, I intend to buy another one near my sister.

 

From my understanding of what I've read here on VJ, and elsewhere, it seems like using assets to make up the difference is a shot in the dark.  So, I had asked my sister if she would be willing to help. However, I don't understand which form she should use, I-864 or I-864A.  She owns her home, and her only income is SS survivor benefit, which is above the 125% guideline.  There is no other joint sponsor available.

 

If she would not be a good candidate as a sponsor, or if using my assets may not be sufficient, then I will need to reevaluate if I should continue in the visa process.  It's too stressful, time consuming and costly without some kind of hope that we have a reasonable chance of success.

 

 

 

 

 

The best you can do is the best you can do.  If you sell your house, the proceeds are liquid and would need to remain liquid until your spouse's visa is issued.  With regard to your sister, you would need to first determine whether she will be combining income with you or acting as a joint sponsor qualifying on her own.  From the details you have explained, I would suggest that if there are no additional household members to be counted, that you combine income with your sister/household member and she does the I-864a.  You can then qualify now.  Become an A-Student of the I-864 instructions (separate PDF from the forms).

 

You don't mention whether the petition is already approved and at NVC or not.  My recommendation above is based on the case already being at NVC, and there are no more household members to be counted for you or your sister.  Please clarify.

[RonMari 2]

1 hour ago, pushbrk said:

The best you can do is the best you can do.  If you sell your house, the proceeds are liquid and would need to remain liquid until your spouse's visa is issued.  With regard to your sister, you would need to first determine whether she will be combining income with you or acting as a joint sponsor qualifying on her own.  From the details you have explained, I would suggest that if there are no additional household members to be counted, that you combine income with your sister/household member and she does the I-864a.  You can then qualify now.  Become an A-Student of the I-864 instructions (separate PDF from the forms).

 

You don't mention whether the petition is already approved and at NVC or not.  My recommendation above is based on the case already being at NVC, and there are no more household members to be counted for you or your sister.  Please clarify.

The I-130 petition is due for a decision, possibly close to the end of this year.  My understanding, last time I checked, was approx. 15 to 17 months total.  May 9 will be a year since I filed.  I realize that approval is the first hurdle to overcome, but I'm confident I've done an adequate job in proving my wife and I have a bonafide marriage.   I just want to stay ahead of the game and have time to educate myself before I get to the NVC stage.

Neither my sister nor I have any additional household members or dependents, so that's not an issue, and I expect to still be living with her during the fall and winter. Combining our income was my initial thoughts also, but I needed a little more advice.

Thank you for your time. 

[pushbrk 13,360]

37 minutes ago, RonMari said:

The I-130 petition is due for a decision, possibly close to the end of this year.  My understanding, last time I checked, was approx. 15 to 17 months total.  May 9 will be a year since I filed.  I realize that approval is the first hurdle to overcome, but I'm confident I've done an adequate job in proving my wife and I have a bonafide marriage.   I just want to stay ahead of the game and have time to educate myself before I get to the NVC stage.

Neither my sister nor I have any additional household members or dependents, so that's not an issue, and I expect to still be living with her during the fall and winter. Combining our income was my initial thoughts also, but I needed a little more advice.

Thank you for your time. 

OK then.  You've got a start.  Now is the time to study those I-864 instructions and learn how to combine income with your household member.  Once you've done the homework, you may well have other questions.  That's why we're here.

[RonMari 2]

On 4/20/2025 at 6:32 PM, pushbrk said:

OK then.  You've got a start.  Now is the time to study those I-864 instructions and learn how to combine income with your household member.  Once you've done the homework, you may well have other questions.  That's why we're here.

Thanks for the support!