RECIEVE RFE FOR I-846

[TravisRachel 0]

Hello my VJ friends, I have a question for you guys,

Today I went to do a walk in biometrics at an ACS in Indiana, it was very easy and there was barely anyone there. It went sucessful, when I came home I receive an RFE in the mail, actually two RFE's, one being I did not send in an medical examination by a surgeon, That I can take care of. the second RFE was confusing , it says Form i-864 was completed however,( i used an only joint sponsor) it was not from the petitioner/sponser, does this mean that my USC wife has to fill out an i-864 form even though she no longer works but goes to school instead? and the second question that, When I filed the i-864 the RFE said that joint sponsor must submit all supporting tax documents.

So what are all tax documents that my joint sponsor need to submit ?

Adjusting from F1 OPT :

14 April 2010 - Sent I-130,I-485,I-765

15 April 2010 - Delivered

15 April 2010 - Checks cashed

18 April 2010 - Touched (all forms)

21 April 2010 - 3 NOAs received

27 April 2010 - Biometrics letter for 05/14/10(walked in on 05/10/2010)

10 May 2010 - Walk-in biometrics done

10 May 2010 - RFE for I-864 & I-693

[Alla 3]

Hello my VJ friends, I have a question for you guys,

Today I went to do a walk in biometrics at an ACS in Indiana, it was very easy and there was barely anyone there. It went sucessful, when I came home I receive an RFE in the mail, actually two RFE's, one being I did not send in an medical examination by a surgeon, That I can take care of. the second RFE was confusing , it says Form i-864 was completed however,( i used an only joint sponsor) it was not from the petitioner/sponser, does this mean that my USC wife has to fill out an i-864 form even though she no longer works but goes to school instead? and the second question that, When I filed the i-864 the RFE said that joint sponsor must submit all supporting tax documents.

So what are all tax documents that my joint sponsor need to submit ?

Sorry to hear about RFEs. Your spouse should fill out I-864 even her income is zero. She will always be a default sponsor. For joint sponsor is easier to submit transcripts for tax returns from IRS. They are free and you won't have to worry about W-2s and other stuff. Just tell co-sponsor to call IRS and request them for 3 recent years.

Good luck to you!

[Deputy Purple 1,294]

Yes

[Rebecca Jo 1,962]

Sorry to hear about RFEs. Your spouse should fill out I-864 even her income is zero. She will always be a default sponsor. For joint sponsor is easier to submit transcripts for tax returns from IRS. They are free and you won't have to worry about W-2s and other stuff. Just tell co-sponsor to call IRS and request them for 3 recent years.

Good luck to you!

In a family based adjustment, the spouse is always the primary sponsor (not the default sponsor) even if they have no income. Thus they must file an I-864 and if a joint sponsor is used, they file a separate I-864.

Best rule of thumb is that any document the spouse must attach to the I864, so must the joint sponsor. A joint sponsor must also prove their US citizenship or permanent residency. The primary sponsor (the USC spouse) will have already provided this proof with either the I-130 or the I-129F.

[Alla 3]

In a family based adjustment, the spouse is always the primary sponsor (not the default sponsor) even if they have no income. Thus they must file an I-864 and if a joint sponsor is used, they file a separate I-864.

Best rule of thumb is that any document the spouse must attach to the I864, so must the joint sponsor. A joint sponsor must also prove their US citizenship or permanent residency. The primary sponsor (the USC spouse) will have already provided this proof with either the I-130 or the I-129F.

There is no "primary sponsor". There are a sponsor and a joint sponsor!

If you are confused then read a default sponsor as a sponsor by default.

[Rebecca Jo 1,962]

There is no "primary sponsor". There are a sponsor and a joint sponsor!

If you are confused then read a default sponsor as a sponsor by default.

I'm sorry I don't understand what you are saying.

You are correct in that there is no such term in the instructions for the I864 as "primary" sponsor. The correct terminology is "petitioning sponsor", and those persons are "the U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600A for an orphan."

So on that count I mis-spoke.

But there is also no such term as a "default" sponsor.

[Alla 3]

I'm sorry I don't understand what you are saying.

You are correct in that there is no such term in the instructions for the I864 as "primary" sponsor. The correct terminology is "petitioning sponsor", and those persons are "the U.S. citizen or lawful permanent resident who filed a Form I-130 for a family member, Form I-129F for a fiance(e), or Form I-600 or I-600A for an orphan."

So on that count I mis-spoke.

But there is also no such term as a "default" sponsor.

Yes we are talking about the same thing in different words. I replied on your quote "In a family based adjustment, the spouse is always the primary sponsor (not the default sponsor) even if they have no income."

I meant that a default sponsor is same as a sponsor "by default"(regardless,no matter what).

[Rebecca Jo 1,962]

Yes we are talking about the same thing in different words. I replied on your quote "In a family based adjustment, the spouse is always the primary sponsor (not the default sponsor) even if they have no income."

I meant that a default sponsor is same as a sponsor "by default"(regardless,no matter what).

Erm. You are confusing me greatly.

I think we'd be better off to call them by what they actually are. Just because terminology is important in this process.

[VanessaTony 3,567]

Hello my VJ friends, I have a question for you guys,

Today I went to do a walk in biometrics at an ACS in Indiana, it was very easy and there was barely anyone there. It went sucessful, when I came home I receive an RFE in the mail, actually two RFE's, one being I did not send in an medical examination by a surgeon, That I can take care of. the second RFE was confusing , it says Form i-864 was completed however,( i used an only joint sponsor) it was not from the petitioner/sponser, does this mean that my USC wife has to fill out an i-864 form even though she no longer works but goes to school instead? and the second question that, When I filed the i-864 the RFE said that joint sponsor must submit all supporting tax documents.

So what are all tax documents that my joint sponsor need to submit ?

Your wife will need to complete an I-864. She will also need to include tax documentation. The best kind are IRS tax transcripts here: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/page__view__findpost__p__3614293 will tell you how to get them.

So, your wife will complete the form, and put in her income as it is and her IRS transcripts (will take around a week unless you have access to a fax machine). Then as you stated she doesn't meant the requirements, that's what the joint-sponsor is for. If the joint sponsor lives with you they will complete an I-864A, not an I-864.

Hope that makes sense. Best of luck

Edited May 11, 2010 by Vanessa&Tony

[Nartaki 7]

hey TravisRachel

Did you receive an enclosed envelope with the RFE notice?

[TravisRachel 0]

hey TravisRachel

Did you receive an enclosed envelope with the RFE notice?

Yes I did. With two RFE

Thank You my fellow VJs for the vauable information, I also have another question, in one of the RFE It stated that tax information for the most recent tax year needed to be sumbitted, what are all the tax information I need to submit with a i-864 form.

[Nartaki 7]

Thats weird. I didnt get an enclosed envelope.

Anybody else over here get an RFE without the enclosed envelope?

[Bernie C 24]

Yes I did. With two RFE

Thank You my fellow VJs for the vauable information, I also have another question, in one of the RFE It stated that tax information for the most recent tax year needed to be sumbitted, what are all the tax information I need to submit with a i-864 form.

Either IRS tax transcripts OR copies of the actual forms filed including all schedules and w2's (for each year provided).

[alanakaja1980 1]

Thats weird. I didnt get an enclosed envelope.

Anybody else over here get an RFE without the enclosed envelope?

I never got an enclosed envelope either. All it said was send the documentation back to Lee's Summit bla bla bla and enclose this letter (the yellow RFE letter). I sent it back yesterday in a normal envelope to their address in Missouri.