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Who can be a joint sponsor?

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  • Who can be a joint sponsor?

    RECIEVED RFE
    as follows

    • Based on the documents submitted with Form I-864 Affidavit of Support, for the substitute sponsor, Xyz the income did not meet 125 percent (100 percent if military) of the poverty guideline for the petitioner/sponsor's household size. Submit evidence from a qualifying joint sponsor The joint sponsor will need to submit . A completed and signed Form -864 for the joint sponsor. All pages must be present and of the same •A copy of the joint sponsor's Federal income tax return for the most recent year revision date • A copy of the joint sponsor supporting tax documents (W-2s. 1099s, Form 2555, and tax schedules) that you filed with your Federal income tax return . Evidence of the joint sponsor's status as a United States citizen, United States National or Lawal Permanent Resident Note: The "Total income" line on IRS Form 1040 is used to determine qualifying income for a spone, not the "Gross Receipts" from IRS Schedule Cor C-EZ • You must submit evidence that an immigrant visa petition has been filed on your behalf on or before the date of filing Form I-85. Such evidence includes: • Form 1-797, Form I-130 Approval from the Consular Office
    -----‐----------------------------
    I am the principal applicant.
    My deceased mother was principal petitioner.
    My sister applied as substitute sponsor.

    After receiving this RFE from USCIS I requested my wife's brother-in-law to apply as a joint sponsor (third party) for us. He agreed.
    So as per my understanding he will use form I-864
    PART 1. Basis for filing affidavit of support
    1.d ☑ I am the only joint sponsor
    ?????????????

    OR

    I-864A is required..??

    PART 5. Sponsor's household size
    1. Provide the number you entered in part 3., item number 29.
    (5)
    Persons NOT sponsored in this affidavit:
    2. Yourself (1)
    3. If you are currently married enter "1" for your spouse. (1)
    4. If you have dependent children , enter the number here (2)
    8. Add together part 5., item numbers 1-7 and enter the HOUSE HOLD size (8)


    So his annual income should be $51,650
    +
    As per my understanding, since he's a third party sponsor with no direct family relationship to me(but my wife, who is a dependent applicant), will he has to meet this requirement? $51,650
    Or
    Both incomes from my sister (substitute sponsor )and only joint sponsor( wife's bil) combined will be considered?

    AGAIN My confusion lies in the TYPE of form too I-864 OR I-864A or if there are others....

    TIA
    always high regards for Immihelp and memebera for support and help.




  • #2
    Your wife's brother-in-law is not in your sister's household, so he cannot be a "household member" (who fills an I-864A). He can be a "joint sponsor". The joint sponsor does not combine incomes with the main sponsor. The joint sponsor must have enough income in their own household (they can count income from their own household members if necessary). The joint sponsor fills out their own I-864 (so there are two I-864s).

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Thank you for your prompt reply sir. In the same RFE notice by USCIS, I am asked to give evidence of the relationship between the substitute sponsor and principal applicant. She is my younger sister who has replaced my deceased mother who was the principal petitioner. So what exactly do they require as a proof... will copies of our original birth certificates with English translations attached will suffice?

      Comment


      • #4
        Originally posted by SaySid View Post
        Thank you for your prompt reply sir. In the same RFE notice by USCIS, I am asked to give evidence of the relationship between the substitute sponsor and principal applicant. She is my younger sister who has replaced my deceased mother who was the principal petitioner. So what exactly do they require as a proof... will copies of our original birth certificates with English translations attached will suffice?
        yes

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          In response to RFE while submitting an affidavit of support by a joint sponsor, do we need to provide any evidence of relationship to joint sponsor? In my case he is my wife’s brother in law. If so what kind of evidence will prove our relationship?
          Tia

          Comment


          • #6
            Originally posted by SaySid View Post
            In response to RFE while submitting an affidavit of support by a joint sponsor, do we need to provide any evidence of relationship to joint sponsor? In my case he is my wife’s brother in law. If so what kind of evidence will prove our relationship?
            Tia
            No. No relationship is required.

            This is my personal opinion and is not to be construed as legal advice.

            Comment

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