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How to be a sponsor on I-864 when taxes are filed jointly (married)

Fort Myers, FL |

I am LPR sponsoring SEPERATELY my child & my spouse (f2a) - They are both here in E2 status with pending I-130's.
Myself & my spouse own our own business in the US & file our taxes jointly, so do I have to put my husband down as a joint sponsor on BOTH I-864's? My half of the income is enough to fulfill the income requirements for a family of 3 but the only way to show my income would be to literally write down half of whatever is on the 1040, is this allowed or do you have to match the 1040 exactly?
My husband is in E2 status not LPR yet, so would he be able to be a joint sponsor for our child. Although our company is an LLC do I put myself down on the I-864 as self-employed although technically it is not true? We earn a very basic W2 income then we pay ourselves dividends etc.

Attorney Answers 4


  1. Normally the household member of the primary I-864 person files the I-864A.

    But, being on E-2 hurts your husband's ability.

    Meet with a lawyer, too complicated for this internet blog.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Your husband is not a joint sponsor. He could be a household member, whose income can be counted to meet the Affidavit of Support requirements. Experienced immigration attorneys will be able to assist you with the form and supporting documents. If you are doing it yourself, it may be a good idea to seek an attorney to help you with at least I-864 so that you can avoid unnecessary mistakes and stress.

    Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.


  3. My colleagues are correct. The husband is a household member and needs to file I864A

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. I agree with my colleagues; your spouse is a household member. In addition, when you attach the tax returns to the I-864 for filing you must attach the W-2's, 1099's or other form of income verification. The income verification should match exactly the income stated on your taxes.

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