The joint sponsor is the wife but filing jointly

[kheziah]

Need help! I have a question regarding I-864 form for joint sponsor in our petition. The joint sponsor is the sister of the petitioner (my husband). The sister is married and are filing jointly in their income tax return with the husband. The income alone of his sister is sufficient to sponsor us. Should we not include the husband's income in the total current household income even if they are filing jointly? The sister of my husband is our only joint sponsor, since her income is enough. Does the husband need to fill I864a or no need?thank you in advance.

[JoannaV]

They can do either. If the sister just wants to do it herself without her husband completing the I-864a then she needs to make sure she includes proof of her individual income. (I think a tax transcript alone would not show this, I think.)

"This section is used to determine the sponsor's household income. Take your annual individual income from Item Number 5. and enter it on Item Number 6.c . If this amount is greater than 125 percent (or 100 percent if you are on active duty in the U.S. military and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8. , you do not need to include any household member's income."