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Should i ask the joint sponsor'S wife to fill out I-864A or just find a new joint sponsor?please read my problem thank you.

Clarksville, TN |
Filed under: Spousal immigration

i am applying for I-485,my husband is my Sponsor but since he's a student and no income on his own,we have a Joint sponsor,his income for last year was 4000 and he received 10,000 for his social security benefits,he filed his tax returns jointly with his wife and if we combine his wife's income which is 9000 and his wife's social security benefit 5000 it will be 28,000 and means they meet the criteria for poverty guidelines for 2 household members.but the problem is his wife didn't fill out I-864A meaning we cannot use her income right?then i receive a letter from USCIS and they want the Joint sponsor to submit more evidence for his income and i just realized that his 14,000 income on his own (combined income and social security benefit)does not really meet the criteria.

Attorney Answers 1


Yes, ask the joint sponsors wife to fill out the form I-864A. There may be other documents that are missing, such as the form 1099s and 1040s, but this is unclear. If the documentation is incomplete, then this can be another reason for future delay.

The petitioning husband can be asked why he or she did not file a tax return. If so, then the petitioner will have to prove why it was unnecessary as a matter of law to the satisfaction of the USCIS.

There are serious legally enforceable financial obligations when joint sponsors sign forms I-864 and I-864A. These I-864 obligations can last ten years unless you become a U.S. Citizen by naturalization sooner. Becoming a naturalized U.S. Citizen as soon as legally possible is a courteous thing to do, where the joint sponsor makes such an unselfish gesture. However, this is a personal decision and an applicant must study and remain legally eligible to file for naturalization, as well.

This is general information and is not meant to create an attorney-client relationship.

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