Received RFE but need help!

[rebeccajo 14]

Paul, the reason they are asking for all the extra stuff is because you chose to do it the way you did. Your living arrangement is temporary. I-864 and the A attachment is for families permanently domiciled.

The correct method for filing would have been separate I-864's for your wife as the sponsor and your MIL as a joint sponsor.

http://www.uscis.gov/graphics/lawsregs/han...ppAFM062706.pdf

You'll have to type it in but the answers are in this handbook.

Edited August 26, 2006 by rebeccajo

[sharky 2]

thanks for all that information rebaccojo, a lot to read through!!

the most significant paragraph being:

(3) Household Members. The sponsor may use the income of any member of his or her own household who is at least 18 years old to help meet the household income requirement. The sponsor and household member must complete Form I-864A, which must include a copy or transcript of the household member’s most recent tax return and sufficient documentation of all income and assets he or she lists on the Form I-864A. USCIS shall use the same standards for documentary evidence of income and assets listed on a Form I-864A as are used for documentary evidence of income and assets listed on Form I-864.

OK so I am putting together the evidence that they have requested.........

I'm a little worried now as I only included 1040s and W-2's for the main sponsor (my wife) but she didn't meet the income requirements and so that's why we used my MIL. Do you think they will ask for the same additional evidence for her aswell, possibly leading to another RFE?

[rebeccajo 14]

Paul the short answer is yes.

I still maintain that you have filed improperly though and should re-do the entire thing. You are letting the fact that you all live in the same house cloud the issue. Residence is not the same thing as household.

That being said though, I'm not sure if you change things mid-stream how that could affect things either.

I-864A is a form used to 'join' the income of another household member with the sponsor. For instance, husband and wife putting their income together to sponsor an immigrant. Or working adults who all live in the same dwelling on a PERMANENT basis and contribute to the overall household income.

You can clearly see that the income of a sponsor or joint sponsor must be documented by the actual tax return OR transcript supported by the W-2's. If you think about it logically, why would they settle for less? Especially in the case where your wife's information did not support her affidavit.

Edited August 26, 2006 by rebeccajo

[sharky 2]

OK so you're now saying that I should send back two new I-864 forms now with all the required evidence for them? (if so maybe I should also attach a short letter telling them why I sent the forms?)

[rebeccajo 14]

If you look at the wording of your RFE it makes no mention of I-864A. I realize that this is a boiler-plate form you have received but still it refers to I-864.

Yes I think your wife should complete an I-864 with her complete information and then your MIL should complete her own individual I-864. Make certain that you have all the supporting evidence this time. As Patricia said, include your MIL's birth cert as her citizenship must be documented. Cover all this with a letter simply stating that you were confused about the process and that you hope your revised filing will be adequate.

Edited August 26, 2006 by rebeccajo

[Kez/JWolf 6]

I agree with rebeccajo, you filed the I-864a in error.... you need to send 2 I-864 one for your wife and one for your Mother-in-law and send all the required evidence for both....

I would not hurt to include a short cover letter saying you made an error and are including the correct forms for your sopnsor and your Joint sponsor...

Good Luck

Kezzie

[sharky 2]

thanks for that rebaccojo, I originally included my MIL's passport as proof of citizenship, this should be ok shouldn't it?!

[rebeccajo 14]

There's some silly rule about sending the passport. Like you have to copy all the pages or something like that. I'm not certain but look it up and just make sure you comply with whatever the rule is.

I used my dad's birth cert just cause it was one page (front and back) and easier - plus he doesn't have a passport!

Do I remember you from the waiver forums? Just checking my idle brain....

Edited August 26, 2006 by rebeccajo

[sharky 2]

yeah that's me, still dredging through more paperwork!! I'll try and get my MIL's birth certificate then!

[rebeccajo 14]

baileyj96 is a very dear friend of mine and I follow her case. Thought I knew you from keeping an eye on her!

Eh, tell me about the paperwork! Look at our timeline - still stuck in the AOS namecheck abyss! Monday I added letters to my Senator to our ever-burgeoning immigration file...ugh.

[sharky 2]

Yeah really hoping that Vicky hears something soon, she's going a little crazy by now from all of that waiting! I think the fact that some people were denied by London over the last few months has made everyone in that forum real insecure about the chances of their own waivers being approved. I hope she gets good news soon!

OK one FINAL question on this just to make sure that I'm doing it correctly this time!

what will be the required evidence I need to supply for both I-864's again?

just want to get this clear in my mind, thanks!

[meauxna 15]

hi Paul,

I disagree with the 2 X I-864--you are clearly in a situation that calls for a -A.

And, it looks like you've completed it correctly.

And, that 'they' screwed up and need you to re-submit the documentation that you say you already sent.

I don't quite understand the flap about this RFE---it looks like the typical 'lost your documents' kind of one. Re-send what is required and wait.

I'm going to go re-read the two threads here, but I'm not sure what I missed....

Edited August 27, 2006 by meauxna

[rebeccajo 14]

I stick to my advice that this situation calls for 2 affidavits. Paul and his wife are merely temporarily residing with his MIL.

I am however willing to see the other side of the coin from my 'learned' friend.....

[meauxna 15]

Hi everyone,

well finally yesterday my RFE arrived for my I-485. However I need some help on understanding what exactly they want me to send back. The RFE is with reference to the I-864A. As my wife didn't make enough money last year and we are still residing with her parents, we included an I-864A form for her mother. However the RFE states:

The household member on form I-864 Affidavit of Support/Form I-864A Contract between sponsor and household member must submit the following:

1. Federal income tax returns, W-2s, 1099s, and all schedules submitted to the IRS for the most recent tax year or certified Internal Revenue Service copies.

Paul: the "household member" is Mom.

What did Mom supply in the way of tax returns? If photocopies of the 1040, I believe they want you to include ALL attachments, including W-2 and 1099. If transcripts, I believe those are not necessary.

IMPORTANT: Does Mom file her tax return jointly with a husband? If so, and Mom did not clearly show which of that jointly filed income is hers alone, this could be the issue.

2. Evidence of current employment or self employment including a letter from each employer on business stationary

If employed, did Mom include this? If not employed, did she explain that with other documentary evidence?

3. The household member's current income is being combined with the form I-864 Affidavit of Support sponsor's income to meet or exceed 125% of the poverty line. Submit evidence of the household member's current income. Evidence includes a letter of employment from current employers etc etc...

How did Mom show her current income? Paystubs, employer letter?

Maybe you can unravel this with a little more input.

Edited August 27, 2006 by meauxna

[meauxna 15]

I stick to my advice that this situation calls for 2 affidavits. Paul and his wife are merely temporarily residing with his MIL.

I am however willing to see the other side of the coin from my 'learned' friend.....

I've never seen, heard or sniffed a rumor about "temporarily residing". In fact, this has been a *problem* for others in the past, who feel they should not have to count their family members in the 'household size' because 'we're only living with them temporarily!'. However, the I-864 is clear in who it describes as a 'household member' (birth, marriage or adoption) and if the blade swings that way, why would it *not* swing in Paul's favor? What's permanent? Will I always live where I live? (no) A document like this will always be a snapshot in time, which is why AOS filers often replace an old I-864 or remove a Joint Sponsor at interview time.

Mrs Paul is the Sponsor. Her household includes herself, her husband (Paul) and her mother (Mom). Mrs Paul may use the income of *anyone* in her household, if they agree via I-864A, to contribute to Paul's support.

(page one of the I-864 instruction) If Paul has income, that can be counted, and if any of them have assets, those can be added in as well.

I don't get Paul's assertion that CIS is not sticking to their new guidelines though. I don't know what he sent in with his first I-864+A, but theRFE is clear in what they want to see *now* and it is not inconsistant with the form and its instructions.