RFE'd for I-864 issue - Would Appreciate any Help !

[PaulandMegan 0]

Hi There,

I'll try to keep this brief if I can but I entered the states on a K-1 in Feb 2010, married my then U.S. citizen Fiancee, Applied for AOS early May 2010 and have received an RFE in the post today regarding some issue with the I-864 forms.

To summarize - My wife (The petitioner and U.S. Citizen) is doing a Masters Degree and obviously does not earn the required 125% plus poverty limit level. We asked her Dad to co-sponsor my application so they both obviously completed I-864 forms. Since her Dad's Household Income was being included for the application, he obviously completed form I-864A. He also submitted 3 years of most recent Tax returns, however, he filled his tax returns jointly with his wife for each of those 3 years and therefore the Income and Tax figures noted on the Tax returns are combined for them both.

On both my wife's completed I-864 and her Father's (the co-sponsor's) completed I-864, they both note the Income of the mother of my wife (my mother in law).

This is where I require some decent folk to help me get my head around this, I have received an RFE in the post today outlining the following : The petitioner/sponsor indicates on form I-864, Affidavit of Support, that qualifying household members' income will be used for the petitioners/sponsor's income to meet 125% of the poverty line. The petitioner/sponsor failed to submit one or more form(s) I-864A, for household members whose income is being used to meet the poverty line. The petitioner/sponsor needs to submit a completed and signed form I-864A, for all household members whose income is being used.

My question is what are they exactly looking for from me ? I.e. Is my mother in law required to complete the I-864A since she her income was noted on the original I-864 sent in or are they looking for a I-864A to be completed for my wife ?

Hoping somebody could help me out if you have a moment to respond, I am freaking out...

[Anh map 2,098]

Your FIL completes the form for his income only. He would submit his joint tax returns.

If both FIL and MIL income is required to meet the income threshold then both would complete an I-864(A) for their income only.

[PaulandMegan 0]

Would anybody else like to contribute by giving me some advice please ?

I cant believe 69 people have viewed this post and only one person was bothered to reply.

Thanks for your reply by the way Anh Map, I didnt understand the 1st sentence you said, yes my FIL completed I-864 & I-864A before I submitted the AOS package....I then got RFE'd shortly afterwards...

So let's be clear here - you dont think my wife needs to complete the I-864A ?

Paul.

[Nich-Nick 3,354]

Would anybody else like to contribute by giving me some advice please ?

I cant believe 69 people have viewed this post and only one person was bothered to reply.

I read this hours ago, but wasn't quite understanding your situation. Didn't have time to do a bunch of "if...then"

So your wife lists her income, dad's, (and mom's?) on her I-864 because you live in the same house with them.

Dad does I864A giving his permission basically for her to count his income. If Dad's aloneis enough, then don't list mom's on wife's I-864. He can show his portion of the joint return by his own W-2 and employer letter. If you list mom, the she has to give "permission" on her own I-864A.

If you don't live in the house with mom and dad, then wife doesn't mention their income on her I-864. Dad will do an I-864 and nobody does I-864A if he makes enough. Both Mom and dad will also provide proof of their legal status in the US (if they do a form) with a US birth certificate or passport, a naturalization certificate or green card.(photocopies)

[PaulandMegan 0]

I read this hours ago, but wasn't quite understanding your situation. Didn't have time to do a bunch of "if...then"

So your wife lists her income, dad's, (and mom's?) on her I-864 because you live in the same house with them.

Dad does I864A giving his permission basically for her to count his income. If Dad's aloneis enough, then don't list mom's on wife's I-864. He can show his portion of the joint return by his own W-2 and employer letter. If you list mom, the she has to give "permission" on her own I-864A.

If you don't live in the house with mom and dad, then wife doesn't mention their income on her I-864. Dad will do an I-864 and nobody does I-864A if he makes enough. Both Mom and dad will also provide proof of their legal status in the US (if they do a form) with a US birth certificate or passport, a naturalization certificate or green card.(photocopies)

Thanks very much for your reply Nick.

Both myself and my wife live with her parents at the moment until we can find our feet and until I get the much awaited employment authorization. The thing is I think the Father makes enough on his own for the poverty limit but for some reason on his I-864 (Which I told him repeatedly not to do), he broke down his own income along with his wife's income and his reason for doing this was because the 2 incomes are combined on his 3 years of Tax transcripts that were submitted, and he figured just noting his own income alone would not tally up with the Tax transcripts. It's a mess and I knew he was going to muddy the waters and cause more confusion if he broke down the 2 incomes between him and his wife on his I-864. I, just trying to pleasant and civil and out of utter courtesy for the fact that he was helping me out in the 1st place just let him do it and didnt say anything. I am now thinking that was a big mistake and should of stopped him from doing so.

So to follow on from that, in my AOS package that was sent, I sent my wife's I-864, my FIL's I-864 along with his I-864A and his 3 years of Tax transcripts but no I-864A from my Mother in Law was included at all, and I think that's why I got the RFE. USCIS saw she had been named on his I-864 but no I-864A of her own was included. Ok to sort this mess out, am I right in assuming the Mother in Law completes a I-864A and I send that back to USCIS ? I dont have her Birth Cert or Passport, I could probably get a copy of her passport if I needed to but this could delay the RFE response even further. I was reading that you get RFE'd once and once only and if your RFE response is still wrong after you send it back, then a denial will be issued, in other words, you dont get RFE'd twice. I am just so annoyed that I let him put her name down on his initial I-864.

Cheers for the reply Nick.

[Nich-Nick 3,354]

If you will read ALL of the instructions to the I-864 and I-864A again, it may make more sense to you.

As far as your RFE--start over with everything so they get the complete picture. Going to try to explain what I already said and what the instructions say:

Wife

I-864 listing family size of 4 (you, her, mom, dad)

Line 24 will have two listings (mom, dad) and their incomes

2009 income tax return and W2 or letter saying why not.

Any other statement of income she wants to show.

Dad

I-864A (giving permission for wife to use the family member's income)

2009 income tax return and W2.

Any other proof of income he wants to show.

Photocopy of a US birth certificate or passport, a naturalization certificate or green card.

Mom

I-864A (giving permission for wife to use the family member's income)

2009 income tax return and W2.

Any other proof of income she wants to show.

Photocopy of a US birth certificate or passport, a naturalization certificate or green card.

Please note: If Dad is listed as a family member, then he does not also do his own I-864. That is for joint sponsors that live elsewhere. Also remember the total required income on the wife's I-864 will have to be for a family of 4.

(wife + mom + dad > 125% of poverty level for family of 4)

Edited June 3, 2010 by Nich-Nick

[PaulandMegan 0]

If you will read ALL of the instructions to the I-864 and I-864A again, it may make more sense to you.

As far as your RFE--start over with everything so they get the complete picture. Going to try to explain what I already said and what the instructions say:

Wife

I-864 listing family size of 4 (you, her, mom, dad)

Line 24 will have two listings (mom, dad) and their incomes

2009 income tax return and W2 or letter saying why not.

Any other statement of income she wants to show.

Dad

I-864A (giving permission for wife to use the family member's income)

2009 income tax return and W2.

Any other proof of income he wants to show.

Photocopy of a US birth certificate or passport, a naturalization certificate or green card.

Mom

I-864A (giving permission for wife to use the family member's income)

2009 income tax return and W2.

Any other proof of income she wants to show.

Photocopy of a US birth certificate or passport, a naturalization certificate or green card.

Please note: If Dad is listed as a family member, then he does not also do his own I-864. That is for joint sponsors that live elsewhere. Also remember the total required income on the wife's I-864 will have to be for a family of 4.

(wife + mom + dad > 125% of poverty level for family of 4)

Thanks very much Nick.

Appreciate it and all understood now.

Thank you again.

Paul.