Should my wife ALSO submit form i-864 ALONG with the joint sponsor?

Asked 12 months ago - Fort Lauderdale, FL

My spouse has been in university for the past 3 years but works intermittently on weekend when she is able to do so. Therefore, she has not filed a tax return since 2010. However, we have a person who qualifies as a joint sponsor.

Attorney answers (7)

  1. Stephen D. Berman

    Contributor Level 20

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    Answered . If you are filing for adjustment of status based on a visa petition, and your wife filed the visa petition, then she must sign an affidavit of support. This is true even if you have a joint sponsor.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

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    Answered . It is not necessary for your wife to file as a household member if you qualify with a joint sponsor. It is also not recommended that she file as a household member if she has not filed/paid taxes. This could result in a denial of a benefit as paying your taxes is considered the minimal requirement for a finding of good moral character.

  3. Katja Anneli Charlotta Hedding

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    Contributor Level 14

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    Answered . The petitioner is required to submit an Affidavit of Return. The form must be submitted regardless of the fact that you have secured a joint sponsor.

  4. Kenneth Craig Dobson

    Contributor Level 9

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    Answered . Yes.

    Kenneth Craig Dobson has practiced immigration law for over eight years. Nothing in this response should be... more
  5. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

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    Answered . Yes. You should consider getting the forms double-checked even if you self-file as there are a number of likely mistakes due to the complexity of the forms.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
  6. Marco Antonio Ruiz

    Contributor Level 2

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    Answered . Yes.

  7. Ili J. Subhan

    Pro

    Contributor Level 14

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    Answered . Your wife is required to submit an I-864 and provide a federal income tax return for the most recent tax year, which would be 2012. Since, your wife is currently going to university and only working on the weekends when able to do so, she will need to have a co-sponsor if she does not meet the income requirements. Both your wife and the co-sponsor must submit separate I-864 forms. Please review the I-864 form instructions under part 6 subsection 7. For further information, contact an immigration attorney who can help you with the process.

    The information provided is intended for informational purposes only and should not substitute for the advice and... more

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