At my wife's CR-1 interview she received a 221g stating that an I-864a from the joint sponsors spouse needs to be submitted. My father (the joint sponsor) files joint taxes with my mother. My mother has no income and all the income stated on the tax returns are from my father's business. Furthermore my father has already completed the I-864 and I-864a stating his income. This is the way i plan on filling the form.
On question #10 My current individual annual income is: N/A because she makes no income and is unemployed
On question #11 Federal income tax information: This is the question that really confuses me! Where it asks for total income do i put zero since my mom has no income or do i put the total income stated on the tax returns even though its my father's income?
If your mother does not have any income, then she should not have to file any forms for sponsorship.
That being said, it would be best to consult with an experienced Immigration Attorney to make sure that all of the immigration forms that reflect your individual situation are submitted correctly. Also, if the U.S. Embassy is mistaken, an attorney representing you can help to explain to the consular officials which documents need to be submitted and why.
Monica Roisman, Esq., 2050 Coral Way #206, Miami, FL 33145 (305) 854-2211 The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Unfortunately, without seeing the actual paperwork, and the IRS returns, it is very difficult to provide assistance here. Please go see an immigration lawyer - even if it costs you a few moments and a few dollars, you will find it to be money well spent if you have the paperwork completed correctly.
William Quirk, Esq. Meehan & Quirk, LLC 354 State Street, Hackensack, New Jersey (201)968-0800 http://www.meehanquirk.com The answers to questions provided by Mr. Quirk are for general purposes only and do not establish an attorney-client relationship. This information is for informational purposes only and does not form any relationship between the individual asking the question and the attorney. You should investigate and consider all possible outcomes with a skilled individual before making a final decision.
Given that the co-sponsor is married and has a wife living with him in the same household (your mother) the co-sponsor had to submit the "A" supplement to his I-864 Affidavit: the "Contract Between Sponsor And Household Member". She does not need to have any income herself to be able to sign it. It's not that; the legal purpose of making the "household member" (usually the spouse) of a co-sponsor is to assure that that person will cooperate with the sponsorship process and not to anything to either "impair or hamper" the co-sponsor's ability to meet his co-sponsorship responsibilities, if need be.
If you are still confused on how to have your mother correctly fill out that Supplement A, then consult with a local immigration lawyer for help.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.