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Does I-864 form apply for sponsor and co-sponsor too?

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  • Does I-864 form apply for sponsor and co-sponsor too?

    Hello,

    I need to fill out I-864 for my brother, his wife, 2 sons whom I am sponsoring from Vietnam. I live in Virginia. I am married and have 2 kids and file tax jointly every year. I don't want to use my spouse's income. The total household size is 4 + 4 = 8. I am a barber. I don't have w-2s. My income on form 1099 is $40,000. I have one rental home, after subtracting mortgage, I have about $100,000 in assets.
    Am I qualified for income?
    If yes, then do I fill out form I-864 only?
    If not, then my mother will be co-sponsor. Does she still fill out I-864 too?

    Thanks.

  • #2
    Originally posted by tadisaus2 View Post
    Hello,

    I need to fill out I-864 for my brother, his wife, 2 sons whom I am sponsoring from Vietnam. I live in Virginia. I am married and have 2 kids and file tax jointly every year. I don't want to use my spouse's income. The total household size is 4 + 4 = 8. I am a barber. I don't have w-2s. My income on form 1099 is $40,000. I have one rental home, after subtracting mortgage, I have about $100,000 in assets.
    Am I qualified for income?
    If yes, then do I fill out form I-864 only?
    If not, then my mother will be co-sponsor. Does she still fill out I-864 too?

    Thanks.
    According to I-864P, a household size of 8 needs an income of $46,262. Every $5 of assets counts for $1 of income, so you have the equivalent of $60,000 of income. So you should have enough and should not need to count your spouse's income. Yes, you can just fill out I-864, and your spouse doesn't need to fill out I-864A. However, there have been reports that some consulates are requesting I-864A from spouses anyway, even though the sponsor's income is enough. I don't know if Vietnam is one of them.

    Your mother can either be a "joint sponsor" or your "household member". A "joint sponsor" fills out a separate I-864, and her own household income must be sufficient on its own for her household size. She can only be your "household member" if you claim her as a dependent on your taxes, or she lives in the same house as you; if she is your "household member", then she will fill out an I-864A, and her income is counted as part of your household income on your I-864.
    Last edited by newacct; 12-06-2018, 06:58 PM.

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

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