I-864 Joint Sponsor Question!

[SSG3186]

Background - Married to my wife, but she cannot sponsor me.
Her sister's husband (brother in law) is going to sponsor me and file a separate I-864.

So, do we need I-864 for My wife
I-864 for my brother in law
I-864A for my wife's sister.

I seen many I-864 samples, and none show how to fill out when there is a joint-sponsor.

When my wife files I-864, does shes need to file as regular I-864?
She is not working anymore, but she worked from Aug 2015 - June 2016, does she need tax file documents?

Does anyone have a sample forms for following situation?

Thank you so much in advance!

[newacct]

Your wife, as the petitioner, is a sponsor and must fill out an I-864 with "1.a I am the petitioner".

The brother in law is the joint sponsor, and fills out an I-864 with "1.d I am the only joint sponsor". If his own income is not enough, he can count his wife's income in his household income and she would fill out an I-864A.

The two I-864s are separate and do not relate to each other.

Each person filling out an I-864 or I-864A will need to provide their tax return for the last year and the "total income" number from their tax returns for the last 3 years.

[Olly]

Support document for tax transcript

My wife is a us citizen but she does not make enough income to sponsor me, however, a friend of mine makes enough income and had agreed to be my only joint sponsor. We have filled out the i-
864 for both of them. We will not be using my wife's income but we know that, as the petitioner, she must filled i-864, in her most recent tax transcript, she claimed a certain income from profit or loss (schedule C ,form 1040), must she submit this schedule c, despite the fact that we are not using her income and we are also submitting the W-2 for that year?

[SSG3186]

Your wife, as the petitioner, is a sponsor and must fill out an I-864 with "1.a I am the petitioner".

The brother in law is the joint sponsor, and fills out an I-864 with "1.d I am the only joint sponsor". If his own income is not enough, he can count his wife's income in his household income and she would fill out an I-864A.

The two I-864s are separate and do not relate to each other.

Each person filling out an I-864 or I-864A will need to provide their tax return for the last year and the "total income" number from their tax returns for the last 3 years.

Hi newacct,

Thank you so much for your answer!
So, if my brother in law files joint-tax return with his wife, her wife needs I-864A, right?
Also, if my wife has no income, but she was a dependent when my wife's parents filed tax return last year.
Do my wife still have to provide tax return documents?

Thank you so much!

-Andy

[SSG3186]

My wife is a us citizen but she does not make enough income to sponsor me, however, a friend of mine makes enough income and had agreed to be my only joint sponsor. We have filled out the i-
864 for both of them. We will not be using my wife's income but we know that, as the petitioner, she must filled i-864, in her most recent tax transcript, she claimed a certain income from profit or loss (schedule C ,form 1040), must she submit this schedule c, despite the fact that we are not using her income and we are also submitting the W-2 for that year?

Hi Olly,

Thank you so much for sharing your experience!
So, my wife should also provide a tax document. She was under a dependent of her parents's tax return, should she still provide one?

For sponsor, did your friend married? and file joint-file return?

Thank you so much Olly!

[newacct]

So, if my brother in law files joint-tax return with his wife, her wife needs I-864A, right?

The I-864 doesn't require it if he isn't counting her income. But some consulates may insist on it anyway.

Also, if my wife has no income, but she was a dependent when my wife's parents filed tax return last year.
Do my wife still have to provide tax return documents?

Yes. Whether someone can be claimed as a dependent by someone else and whether they file a tax return are orthogonal things (people who are claimed as a dependent can (and in some situations must) file tax returns). The only situation in which someone is not required to file a tax return is if their income that year is below the filing threshold, found in the beginning of that year's Form 1040 instructions, in the section called "Do You Have To File?". If she did not file because her income was below that threshold, then she would put "did not file" in the questions on I-864 asking about "total income" from her tax return for those years, and she would need to attach a statement stating that she was not required to file and citing her income and the relevant threshold.

[sreemo13]

Your wife, as the petitioner, is a sponsor and must fill out an I-864 with "1.a I am the petitioner".

The brother in law is the joint sponsor, and fills out an I-864 with "1.d I am the only joint sponsor". If his own income is not enough, he can count his wife's income in his household income and she would fill out an I-864A.

The two I-864s are separate and do not relate to each other.

Each person filling out an I-864 or I-864A will need to provide their tax return for the last year and the "total income" number from their tax returns for the last 3 years.

Hi, my us citizen husband has satisfied the income requirements . So he will check on i am the petitioner and also i am the only joint sponsor? he will check on both options? please let me know.

[newacct]

Hi, my us citizen husband has satisfied the income requirements . So he will check on i am the petitioner and also i am the only joint sponsor? he will check on both options? please let me know.

No. If he is the petitioner then he is not the joint sponsor. The joint sponsor is an additional sponsor used because the petitioner's household income is insufficient.

[sreemo13]

No. If he is the petitioner then he is not the joint sponsor. The joint sponsor is an additional sponsor used because the petitioner's household income is insufficient.

Okay . Thanks