Help Needed. Please.

[prucktrakhul 0]

hi guys. i have filed all the paperwork last month which were I-130, I-485, I-765, I-864, I-864A and G-325. however, at the end of last month the immigration sent me a letter saying i have to go for the fingerprint for my work permit on dec. 16th which is this coming wednesday. unfortunately, last week, the immigration sent me again another letter saying there're something wrong with my I-864 & I-864A forms. i tried to call the immigration for so many times but i only could listen to the automatic message not the immigration staff. the letter also states that me and my husband have to file I-864 and I-864A again. i'm not sure if it's because my husband didn't sign in the form I-864A or not be cause in the letter, the immigration states that the sponsor in from I-864 didn't sign in form I-864A. did i get the correct point that they're trying to say?

so here are the questions: does my husband have to file I-864 or I-864A since his income is very low that it doesn't meet 125% of the poverty line?

and if we're going to use his mom's income to help sponsor me, can we do that? and which form she has to fill out?

and since me and my husband are not living with his mom, can we still using her income?

also my husband's been working for so many companies and he couldn't get the form W-2, however he's already files his federal tax income and now he only has the copy of 1099,

is that alright? or does he need anymore paper to file with I-864?

THANKS!!!!

[prucktrakhul 0]

hi guys. i have filed all the paperwork last month which were I-130, I-485, I-765, I-864, I-864A and G-325. however, at the end of last month the immigration sent me a letter saying i have to go for the fingerprint for my work permit on dec. 16th which is this coming wednesday. unfortunately, last week, the immigration sent me again another letter saying there're something wrong with my I-864 & I-864A forms. i tried to call the immigration for so many times but i only could listen to the automatic message not the immigration staff. the letter also states that me and my husband have to file I-864 and I-864A again. i'm not sure if it's because my husband didn't sign in the form I-864A or not be cause in the letter, the immigration states that the sponsor in from I-864 didn't sign in form I-864A. did i get the correct point that they're trying to say?

so here are the questions: does my husband have to file I-864 or I-864A since his income is very low that it doesn't meet 125% of the poverty line?

and if we're going to use his mom's income to help sponsor me, can we do that? and which form she has to fill out?

and since me and my husband are not living with his mom, can we still using her income?

also my husband's been working for so many companies and he couldn't get the form W-2, however he's already files his federal tax income and now he only has the copy of 1099,

is that alright? or does he need anymore paper to file with I-864?

THANKS!!!!

by the way, i just recognized one sentence in the letter from immigration. it says that a joint sponsor will need to file another form I-864, provide copies of the most recent federal income tax returns and evidence of their status as a united states citizen or lawful permanent resident. >>> so at this point my husband's mom has to file both I-864 & I-864A???? and my husband only has to file I-864, right???

thanks!!!!!

[thongd4me 69]

hi guys. i have filed all the paperwork last month which were I-130, I-485, I-765, I-864, I-864A and G-325. however, at the end of last month the immigration sent me a letter saying i have to go for the fingerprint for my work permit on dec. 16th which is this coming wednesday. unfortunately, last week, the immigration sent me again another letter saying there're something wrong with my I-864 & I-864A forms. i tried to call the immigration for so many times but i only could listen to the automatic message not the immigration staff. the letter also states that me and my husband have to file I-864 and I-864A again. i'm not sure if it's because my husband didn't sign in the form I-864A or not be cause in the letter, the immigration states that the sponsor in from I-864 didn't sign in form I-864A. did i get the correct point that they're trying to say?

so here are the questions: does my husband have to file I-864 or I-864A since his income is very low that it doesn't meet 125% of the poverty line?

and if we're going to use his mom's income to help sponsor me, can we do that? and which form she has to fill out?

and since me and my husband are not living with his mom, can we still using her income?

also my husband's been working for so many companies and he couldn't get the form W-2, however he's already files his federal tax income and now he only has the copy of 1099,

is that alright? or does he need anymore paper to file with I-864?

THANKS!!!!

There are many questions here but I will just ask about one - did he send for and receive the FREE tax transcript from the IRS for the last 3 years taxes?

That's more important than w-2's etc.

[prucktrakhul 0]

hi guys. i have filed all the paperwork last month which were I-130, I-485, I-765, I-864, I-864A and G-325. however, at the end of last month the immigration sent me a letter saying i have to go for the fingerprint for my work permit on dec. 16th which is this coming wednesday. unfortunately, last week, the immigration sent me again another letter saying there're something wrong with my I-864 & I-864A forms. i tried to call the immigration for so many times but i only could listen to the automatic message not the immigration staff. the letter also states that me and my husband have to file I-864 and I-864A again. i'm not sure if it's because my husband didn't sign in the form I-864A or not be cause in the letter, the immigration states that the sponsor in from I-864 didn't sign in form I-864A. did i get the correct point that they're trying to say?

so here are the questions: does my husband have to file I-864 or I-864A since his income is very low that it doesn't meet 125% of the poverty line?

and if we're going to use his mom's income to help sponsor me, can we do that? and which form she has to fill out?

and since me and my husband are not living with his mom, can we still using her income?

also my husband's been working for so many companies and he couldn't get the form W-2, however he's already files his federal tax income and now he only has the copy of 1099,

is that alright? or does he need anymore paper to file with I-864?

THANKS!!!!

There are many questions here but I will just ask about one - did he send for and receive the FREE tax transcript from the IRS for the last 3 years taxes?

That's more important than w-2's etc.

thanks so much for stopping by. well, he never filed his income tax til we decided to get married then i made him file the last three using HR Block and it's already done. we enclosed all the paper from HR Block with the paperwork we sent to immigration. i'll tell u what we have filed: I-130, I-485, I-765, I-864(filled out by my husband), I-864A(filled out by his mom) and G-325. then last week, the immigration sent us a letter saying an income of the sponsor in form I-864 does not meet the poverty line that he needs to resend again the evidence showing he has the real estate or bonds or whatever to show he has enough property to be my sponsor. but then my husband doesn't have anything that they stated above. he just started to work when we decided to get married. actually, he worked before he met me but he worked for so many companies and just one or couple months each place and also last whole year he went to college. however, til now he's been working for over 4 months without quitting but he's only making $1200 a month so i think that's alright, isn't it?

anyway, in form I-864A, we had his mom fill it out cos one thai lady told us that's what his mom had to do. but then in the letter from the immigration stated that the person in from I-864 didn't sign form I-864A and when we came back to c the copy of the paper, yes, he forgot to sign the question no. 12 'sponsor promise' so we're wondering if that's the only mistake we made and that's why the immigration said the income of sponsor in form I-864 does not meet the poverty line or did we fill out the wrong paper? since i've come across many topics in here, me and my husband do not live with his mom so at this point, does his mom have to fill out I-864 or I-864A? and also his mom just got married to her husband few days after our marriage. does that mean her husband have to file I-864A too?

[thongd4me 69]

hi guys. i have filed all the paperwork last month which were I-130, I-485, I-765, I-864, I-864A and G-325. however, at the end of last month the immigration sent me a letter saying i have to go for the fingerprint for my work permit on dec. 16th which is this coming wednesday. unfortunately, last week, the immigration sent me again another letter saying there're something wrong with my I-864 & I-864A forms. i tried to call the immigration for so many times but i only could listen to the automatic message not the immigration staff. the letter also states that me and my husband have to file I-864 and I-864A again. i'm not sure if it's because my husband didn't sign in the form I-864A or not be cause in the letter, the immigration states that the sponsor in from I-864 didn't sign in form I-864A. did i get the correct point that they're trying to say?

so here are the questions: does my husband have to file I-864 or I-864A since his income is very low that it doesn't meet 125% of the poverty line?

and if we're going to use his mom's income to help sponsor me, can we do that? and which form she has to fill out?

and since me and my husband are not living with his mom, can we still using her income?

also my husband's been working for so many companies and he couldn't get the form W-2, however he's already files his federal tax income and now he only has the copy of 1099,

is that alright? or does he need anymore paper to file with I-864?

THANKS!!!!

There are many questions here but I will just ask about one - did he send for and receive the FREE tax transcript from the IRS for the last 3 years taxes?

That's more important than w-2's etc.

thanks so much for stopping by. well, he never filed his income tax til we decided to get married then i made him file the last three using HR Block and it's already done. we enclosed all the paper from HR Block with the paperwork we sent to immigration. i'll tell u what we have filed: I-130, I-485, I-765, I-864(filled out by my husband), I-864A(filled out by his mom) and G-325. then last week, the immigration sent us a letter saying an income of the sponsor in form I-864 does not meet the poverty line that he needs to resend again the evidence showing he has the real estate or bonds or whatever to show he has enough property to be my sponsor. but then my husband doesn't have anything that they stated above. he just started to work when we decided to get married. actually, he worked before he met me but he worked for so many companies and just one or couple months each place and also last whole year he went to college. however, til now he's been working for over 4 months without quitting but he's only making $1200 a month so i think that's alright, isn't it?

anyway, in form I-864A, we had his mom fill it out cos one thai lady told us that's what his mom had to do. but then in the letter from the immigration stated that the person in from I-864 didn't sign form I-864A and when we came back to c the copy of the paper, yes, he forgot to sign the question no. 12 'sponsor promise' so we're wondering if that's the only mistake we made and that's why the immigration said the income of sponsor in form I-864 does not meet the poverty line or did we fill out the wrong paper? since i've come across many topics in here, me and my husband do not live with his mom so at this point, does his mom have to fill out I-864 or I-864A? and also his mom just got married to her husband few days after our marriage. does that mean her husband have to file I-864A too?

Welcome to VJ

I had enough income of my own so perhaps others would be better to give info on the I-864 and I-864A - I would guess you need the 864A because in order for the sponsor to sponsor his petition

for you there should be a contract between the petitioner (him) and the sponsor (mom AND

new husband) - the fact that his mom re-married is a bonus I believe because he should

(hopefully) have enough income and since they are married they are now BOTH his parents.

I would prepare totally new versions of the above 2 documents (providing the new husband

is on board!) and make sure all the T's are crossed and signatures put there.

Again, this is a question more for those who hav experience with those forms.

[Nik+Heather 121]

I hope you went to your biometrics appointment anyway, because that is separate from this Sponsorship issue.

I 864A is the form that gets filled out when the cosponsor lives with the primary sponsor. As you have said that you do not live with your cosponsor, but live separately, his mother would have to fill out the I-864 and become a "Joint" sponsor.

Since your husband and his mother don't live in the same household, and your husband does not make enough income or have enough assets to fully sponsor you himself, his mother would need to meet the full sponsorship requirements for her household + you (does not include your husband). For separate households, the income is not additive. If you need help counting up her household, let us know.

Both your husband and his mother will have to provide the same documentation for the I-864, which includes the tax information (tax transcripts are recommended - google tax transcript IRS - very easy to find). In Addition, his mother will need to provide proof that she is a US citizen (photo copy of info page of passport, photocopy of naturalization certificate) OR that she is a legal permanent resident (photocopy of green card - etc)

I hope that clears up at least some of your questions.

[prucktrakhul 0]

thanks so much. that does really help me.

well, so in I-864 form, we put altogether 3 people that she has to support which are herself, me and her husband. she's been making about $20000 a year so i'm not sure if that meets the poverty line or not but from what i've checked it does. by the way, for form I-864, do my husband and his mom have to have it notarized?

I hope you went to your biometrics appointment anyway, because that is separate from this Sponsorship issue.

I 864A is the form that gets filled out when the cosponsor lives with the primary sponsor. As you have said that you do not live with your cosponsor, but live separately, his mother would have to fill out the I-864 and become a "Joint" sponsor.

Since your husband and his mother don't live in the same household, and your husband does not make enough income or have enough assets to fully sponsor you himself, his mother would need to meet the full sponsorship requirements for her household + you (does not include your husband). For separate households, the income is not additive. If you need help counting up her household, let us know.

Both your husband and his mother will have to provide the same documentation for the I-864, which includes the tax information (tax transcripts are recommended - google tax transcript IRS - very easy to find). In Addition, his mother will need to provide proof that she is a US citizen (photo copy of info page of passport, photocopy of naturalization certificate) OR that she is a legal permanent resident (photocopy of green card - etc)

I hope that clears up at least some of your questions.

[prucktrakhul 0]

and yes i went to the biometrics appointment.

I hope you went to your biometrics appointment anyway, because that is separate from this Sponsorship issue.

I 864A is the form that gets filled out when the cosponsor lives with the primary sponsor. As you have said that you do not live with your cosponsor, but live separately, his mother would have to fill out the I-864 and become a "Joint" sponsor.

Since your husband and his mother don't live in the same household, and your husband does not make enough income or have enough assets to fully sponsor you himself, his mother would need to meet the full sponsorship requirements for her household + you (does not include your husband). For separate households, the income is not additive. If you need help counting up her household, let us know.

Both your husband and his mother will have to provide the same documentation for the I-864, which includes the tax information (tax transcripts are recommended - google tax transcript IRS - very easy to find). In Addition, his mother will need to provide proof that she is a US citizen (photo copy of info page of passport, photocopy of naturalization certificate) OR that she is a legal permanent resident (photocopy of green card - etc)

I hope that clears up at least some of your questions.

[aleful 1,905]

that't the problem.

the i864A you only file it if the co-sponsor lives at the same address. it's a contract between the sponsor and co-sponsor that lives at the same household.

Your spouse has to file his own i864 as the sponsor and the mom her own i864 as the only joint-sponsor with the proper documents attached.

they don't need to be notarized anymore.

for 3 people it's almost $23 thousand. Now, how much is your husband lacking? you said he doesn't get to the 125% of the poverty guidelines, by how much?

Edited December 18, 2009 by aleful

[prucktrakhul 0]

my husband just started to work. he's been working for over 4 months til now and he's making about $1200 a month so that's $14400 annually. but now it's winter time and it's so slow here that his hours got cut and now he's making less than $1000 a month. i don't know if that does matter or not and his mom's been making about $20000 a year for the last couple of years. however, she just quit her old job and moved to texas and got a new job for a month which she'll be making the same amount of money. again does that matter? and in I-864 she'll have to fill out that she's supporting 3 ppl which are herself, me and her husband. so i'm not sure if her income is enough since i don't know how to calculate that stuff. anyway, can u please help me out with this?

thanks a lot!

that't the problem.

the i864A you only file it if the co-sponsor lives at the same address. it's a contract between the sponsor and co-sponsor that lives at the same household.

Your spouse has to file his own i864 as the sponsor and the mom her own i864 as the only joint-sponsor with the proper documents attached.

they don't need to be notarized anymore.

for 3 people it's almost $23 thousand. Now, how much is your husband lacking? you said he doesn't get to the 125% of the poverty guidelines, by how much?

[Nik+Heather 121]

I have re read the instructions on the I-864. There's one last thing which may make it so that your mother in law can sponsor you - otherwise, I'm afraid you'll have to find a different sponsor.

Assets can be used to supplement any shortfall in the income below the poverty guidelines. She will need five (5) times the difference. So, if she makes $20k and $23k is the requirement, she would need 5x3k = $15k in assets. There are a bunch of nuances which are explained in the I-864 instructions. Since she just moved, would that mean she has money from the sale of her house in the bank? She would need to document her ownership and the value, and they have to be readily converted into cash within one year.

This sounds really frustrating. Sorry there's no silver bullet. It may be less hassle to try to find another more financially qualified joint sponsor.

[prucktrakhul 0]

well, i think she still has a house in colorado which she doesn't own it herself but her husband does too. unfortunately, her husband is not working now. so at this point, what can i do?

thanks again for ur help.

I have re read the instructions on the I-864. There's one last thing which may make it so that your mother in law can sponsor you - otherwise, I'm afraid you'll have to find a different sponsor.

Assets can be used to supplement any shortfall in the income below the poverty guidelines. She will need five (5) times the difference. So, if she makes $20k and $23k is the requirement, she would need 5x3k = $15k in assets. There are a bunch of nuances which are explained in the I-864 instructions. Since she just moved, would that mean she has money from the sale of her house in the bank? She would need to document her ownership and the value, and they have to be readily converted into cash within one year.

This sounds really frustrating. Sorry there's no silver bullet. It may be less hassle to try to find another more financially qualified joint sponsor.

[prucktrakhul 0]

and by the way, my husband said he's checked the poverty line in 2009 and the income that can support 3 ppl is $18,310. but i don't know regulations might have change.

I have re read the instructions on the I-864. There's one last thing which may make it so that your mother in law can sponsor you - otherwise, I'm afraid you'll have to find a different sponsor.

Assets can be used to supplement any shortfall in the income below the poverty guidelines. She will need five (5) times the difference. So, if she makes $20k and $23k is the requirement, she would need 5x3k = $15k in assets. There are a bunch of nuances which are explained in the I-864 instructions. Since she just moved, would that mean she has money from the sale of her house in the bank? She would need to document her ownership and the value, and they have to be readily converted into cash within one year.

This sounds really frustrating. Sorry there's no silver bullet. It may be less hassle to try to find another more financially qualified joint sponsor.

[Jason-Sasha 1]

I'm sorry to tell you this but that figure of (18,310.00) is only 100% of poverty level and is the figure used for active duty military. Look to the column on the right of that number and you'll see that all other applicants, including your husband must pay 125% of the poverty level. Which is 22,887.00. Look here...

http://www.uscis.gov/files/form/I-864P.pdf

[Nik+Heather 121]

well, i think she still has a house in colorado which she doesn't own it herself but her husband does too. unfortunately, her husband is not working now. so at this point, what can i do?

thanks again for ur help.

I have re read the instructions on the I-864. There's one last thing which may make it so that your mother in law can sponsor you - otherwise, I'm afraid you'll have to find a different sponsor.

Assets can be used to supplement any shortfall in the income below the poverty guidelines. She will need five (5) times the difference. So, if she makes $20k and $23k is the requirement, she would need 5x3k = $15k in assets. There are a bunch of nuances which are explained in the I-864 instructions. Since she just moved, would that mean she has money from the sale of her house in the bank? She would need to document her ownership and the value, and they have to be readily converted into cash within one year.

This sounds really frustrating. Sorry there's no silver bullet. It may be less hassle to try to find another more financially qualified joint sponsor.

I am not sure on the details, but if her name is also on the title to the home, she could probably count it. As it's not the primary residence, this is pretty close to an "ideal" asset. Also, if they are renting the home to someone, perhaps she could use that rent as an addition to her income which could be easier to document than having an appraisal of the house and getting the mortgage documents together.