If petitioner's wife refuse to sign an I-864A, will this be ground for visa denial?

[Lexlee08 18]

Hi Vj Members,

My mom has been petitioned by my uncle(her brother), and I am my mom's agent. I got an RFE today from NVC requesting for an I-864A from my uncle's wife. The problem is she does not want to sign one, even if she does they will not meet the poverty guideline. I did file another I-864 having me as a joint sponsor (which my income alone will suffice the poverty guideline for 8 people) and it was part of the AOS package. Can I just write a letter to NVC explaining the circumstances that my aunt refuses to sign an I-864A? Will this be a ground for denial? My uncle and his wife are still together and they file their income tax jointly, so do you think this has something to do with this RFE? Is there a "law or guideline" from NVC regarding a "mandatory" filing of I-864A for husbands or wives if one of them is a sponsor?

I hope somebody has a knowledge of this, any inputs are appreciated. Thanks!

[VanessaTony 3,567]

Hi Vj Members, My mom has been petitioned by my uncle(her brother), and I am my mom's agent. I got an RFE today from NVC requesting for an I-864A from my uncle's wife. The problem is she does not want to sign one, even if she does they will not meet the poverty guideline. I did file another I-864 having me as a joint sponsor (which my income alone will suffice the poverty guideline for 8 people) and it was part of the AOS package. Can I just write a letter to NVC explaining the circumstances that my aunt refuses to sign an I-864A? Will this be a ground for denial? My uncle and his wife are still together and they file their income tax jointly, so do you think this has something to do with this RFE? Is there a "law or guideline" from NVC regarding a "mandatory" filing of I-864A for husbands or wives if one of them is a sponsor?

I hope somebody has a knowledge of this, any inputs are appreciated. Thanks!

If his wife's income is listed on the I-864 then YES, she must sign and I-864A. If you remove HER income from the I-864 and list only your uncles then she will not have to sign anything. Even if they file jointly he can still send in the tax returns, but only list his share of the income in the box listed on the I-864.

As they don't meet the income requirements even WITH her income, then I would simply amend the I-864 to exclude her income. Problem solved.

[Lexlee08 18]

Hi Vanessa and Tony,

Thanks for the quick reply, that's a very wise solution(why didn't i think about that! . Sometimes an extra head is always necessary to trouble-shoot and problem-solve! Thanks again I appreciate it.