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I-864 with Joint sponsor

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by cafesanu, Sep 4, 2008.

  1. cafesanu

    cafesanu Registered Users (C)

    Hello, I understand that even if my wife doesn't have the income to qualify, and even if I already have a joint sponsor, my wife has ti fill to I-864 form (Even if she doesn't qualify). My question is:
    What does my wife has to fill in the tax and income part of the form. I don't know what to answer in question 23, 24 & 25, since my wife is not going to be the real sponsor. Thanks
  2. ml_boston

    ml_boston Banned

    Yes, the petitioner always has to be a sponsor. If you end up using need-based benefits, both your wife and the join sponsor can be sued by the government to recoup the cost of the benefits.

    Your wife would fill up the form like a normal sponsor and show whatever income/assets she has (even 0 if appropriate). USCIS will add her income to the joint sponsor income to see if the total qualifies for the minimum requirement.

    -ML

    K1 -> I-485 -> I-751 -> N-400

    Now filing I-130/I-485 for parent...
  3. cell

    cell Registered Users (C)

    I-864 additional question for

    Hi ML_Boston I dont intend to hijack the post but I just need additional info inline w/ OP's question. So if the the petitioner is not qualified/does not have income yet (since, in my case my son/petitioner is a full time student)he still need to fill up I-864 and another I-864 from another persol who can qualify for income requirements? So we need to submit 2 sets of I-864 one from the petitioner and the other one from another person who can qualify to sponsor. Will he be checking Part 1 d. I am the only joint sponsor ?
  4. ml_boston

    ml_boston Banned

    "Yes" to all your questions.

    Your son would check 1a. The "other person" will check 1d.

    Are you employed in the US under some other visa right now? If so, you can use your income instead of a joint sponsor.

    -ML

    K1 -> I-485 -> I-751 -> N-400

    Now filing I-130/I-485 for parent...
    DO: Santa Ana, CA
  5. cell

    cell Registered Users (C)


    yes I am employed, can meet income requirement and I claimed my son as a dependent in my 1099... So in this case we dont need a Joint sponsor anymore, is that right? I just have to provide evidence that my income will continue even after gaining PR and proof that we live in the same residence.

    Also in the I-864 Part 6 Question 22. My son will be checking Unemployed since or can he put in some partime jobs with very minimal income that he got before? or can he just write zero income on Q 23. My current individual income? and just put my income on Q 24. My current household income

    Thanks,
    Cell
  6. ml_boston

    ml_boston Banned

    Correct. However I just reread the I-864 instructions, and there is an additional requirement that you share the same residence as your son. Also, per other posts on this forum, you must have valid USCIS work-authorization for your income to count.

    He should put his income from his current work status. If unemployed at the moment, he should put 0. When you submit your/his tax returns, you must submit copies of all of his W2's and 1099s, plus your W2's and 1099s.

    You may want to write a letter reminding USCIS that you are applying using your income and pointing to the required co-residence evidence, and submit a copy of your H1/EAD, etc.

    -ML

    K1 -> I-485 -> I-751 -> N-400

    Now filing I-130/I-485 for parent...
    DO: Santa Ana, CA
  7. rickylala

    rickylala Registered Users (C)

    Hi everyone,
    I have some questions on I-864:
    1] my husband will be the sponsor to me. This issue is he only has ONE year tax return, 2007, but USCIS asks THREE years.
    2] I wonder if providing one year tax return information is fine?
    3] under question 25, i mark the first one and i need to fill Tax year, 2007/2006/2005 and for income I only has 2007. How about 2nd most recent and 3rd most recent? I need to put "0", right?
    4] Do i need to do explanation on separated paper to explain WHY 2006 and 2005 my husband didn't file the tax?
    He was not employed during these two years, 2006 he was in USA and 2005 he was in oversea, should i write detail of his status? Is this necessary?
    5] Do you think if it is help to enclose his 2008 paycheck stub, will this help him to support me?

    i don't know if i state my question clearly and your help is very appreciated. Please help....
    BR,
    Karie

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