AOS-problems with I-864

[city2countrygirl 0]

I sent in my AOS package and have recently been notified that my I-864 needs 'tweaking' - and I have 90 days in which to do it. I also applied for EAD and AP and am wondering if these will be held up while its being dealt with ? I have my Biometrics in 10 days. I will still trawl here and other sites to problems similar to mine but in the meantime if anyone could share their knowledge and/or experiences with me I would be most grateful. thanks

[Inky 1,110]

What is the tweaking? What needs to be fixed or changed on it? Cant really help or share if we dont know the exact issue that your having with the form.

[city2countrygirl 0]

What is the tweaking? What needs to be fixed or changed on it? Cant really help or share if we dont know the exact issue that your having with the form.

Hi Inky, thank you so much for replying, but I dont have a definite question to ask yet re the I-864, (its pertaining to the income/asset/ poverty guideline question)as I do not have the paperwork here with me right now, and I'm hoping to have it cleared up as soon as I get down to it and I'm sure I'll be asking questions then. However my main worry at this moment is my AP which I was hoping would be through soon as i need to go and visit my mother in London, so I want to know if this will be held up until the I-864 problem is sorted. Thanks again

[baron555 934]

I sent in my AOS package and have recently been notified that my I-864 needs 'tweaking' - and I have 90 days in which to do it. I also applied for EAD and AP and am wondering if these will be held up while its being dealt with ? I have my Biometrics in 10 days. I will still trawl here and other sites to problems similar to mine but in the meantime if anyone could share their knowledge and/or experiences with me I would be most grateful. thanks

Yes all petitions are held up.

[VanessaTony 3,567]

As stated yes, all petitions (AOS, EAD and AP) are paused until they get a satisfactory response from your RFE.

[city2countrygirl 0]

Thanks Guys, I guess I wont be seeing my Mum for a while then

[city2countrygirl 0]

Hi again, well here is my question (as forewarned) on my I-864 quandary : the RIE i received has asked that I send in tax information, proof of joint sponsors status and states that his income does not cover the poverty guidelines., My Hubby indeed does not make enough to reach that guideline at the moment and we submitted an I-864 from him and one from his father (our joint sponsor) who lives with us, who was born here, who sent in the tax information and whose assets more than cover 5 times the requirement for a 3 member household..Is it possible that they have completely overlooked his I-864 and are only taking into account my husbands (who also sent in tax info but was not born here-but naturalized at age 6) - hence the request for proof of his nationality ? I mean they do have a heavy workload and it is the holiday season etc., any observations on this would be welcomed please

Edited December 13, 2010 by city2countrygirl

[JimVaPhuong 4,863]

Hi again, well here is my question (as forewarned) on my I-864 quandary : the RIE i received has asked that I send in tax information, proof of joint sponsors status and states that his income does not cover the poverty guidelines., My Hubby indeed does not make enough to reach that guideline at the moment and we submitted an I-864 from him and one from his father (our joint sponsor) who lives with us, who was born here, who sent in the tax information and whose assets more than cover 5 times the requirement for a 3 member household..Is it possible that they have completely overlooked his I-864 and are only taking into account my husbands (who also sent in tax info but was not born here-but naturalized at age 6) - hence the request for proof of his nationality ? I mean they do have a heavy workload and it is the holiday season etc., any observations on this would be welcomed please

Your husband is obviously not qualified to be a sole sponsor, so forget about his I-864 for now. Let's focus on your step-father.

There are two things you need to prove with an affidavit of support. First, you have to prove the sponsor is eligible - this means they are a US citizen or LPR who is domiciled in the United States. Second, you have to prove they are qualified - they have sufficient income and/or assets for their household size, which includes the intending immigrant.

Proving the sponsor is eligible requires proof of their status. If they were born in the US then a copy of their birth certificate will suffice. For any US citizen, whether native born or naturalized, a copy of their US passport will work. For an LPR, a copy of their green card will do. Did your step-father include any of these with his I-864? If not, then he didn't prove he's eligible to sponsor.

Proving the sponsor is qualified ALWAYS requires a copy of their most recent tax return or an IRS transcript of that tax return. Beyond that, you send any additional evidence necessary to prove whatever is written on the I-864. Further, USCIS can request additional evidence if they aren't satisfied with the evidence you provide. If the sponsor claims income on the I-864 which is above what is indicated on line 22 of his 1040 tax return form then you have to submit evidence to prove his income is actually higher. If the sponsor can't qualify on income alone, and needs to use assets, then you need to submit evidence to prove that the sponsor actually owns the assets claimed, and evidence to prove the value of the assets. The assets further have to meet the requirement that they can be converted to cash within 12 months without undue hardship or financial loss to the sponsor.

So, did he include a complete copy of his most recent tax return, or an IRS transcript of that return? Was his income on the tax return sufficient to qualify? If not, did he list assets on the I-864? Did he provide proof that he actually owns the assets, and proof of the current value of the assets? For example, if he listed real estate then he'd need to submit a copy of the deed, a recent appraisal by a certified appraiser, and documentation to show any mortgages or liens.

[city2countrygirl 0]

Your husband is obviously not qualified to be a sole sponsor, so forget about his I-864 for now. Let's focus on your step-father.

There are two things you need to prove with an affidavit of support. First, you have to prove the sponsor is eligible - this means they are a US citizen or LPR who is domiciled in the United States. Second, you have to prove they are qualified - they have sufficient income and/or assets for their household size, which includes the intending immigrant.

Proving the sponsor is eligible requires proof of their status. If they were born in the US then a copy of their birth certificate will suffice. For any US citizen, whether native born or naturalized, a copy of their US passport will work. For an LPR, a copy of their green card will do. Did your step-father include any of these with his I-864? If not, then he didn't prove he's eligible to sponsor.

Proving the sponsor is qualified ALWAYS requires a copy of their most recent tax return or an IRS transcript of that tax return. Beyond that, you send any additional evidence necessary to prove whatever is written on the I-864. Further, USCIS can request additional evidence if they aren't satisfied with the evidence you provide. If the sponsor claims income on the I-864 which is above what is indicated on line 22 of his 1040 tax return form then you have to submit evidence to prove his income is actually higher. If the sponsor can't qualify on income alone, and needs to use assets, then you need to submit evidence to prove that the sponsor actually owns the assets claimed, and evidence to prove the value of the assets. The assets further have to meet the requirement that they can be converted to cash within 12 months without undue hardship or financial loss to the sponsor.

So, did he include a complete copy of his most recent tax return, or an IRS transcript of that return? Was his income on the tax return sufficient to qualify? If not, did he list assets on the I-864? Did he provide proof that he actually owns the assets, and proof of the current value of the assets? For example, if he listed real estate then he'd need to submit a copy of the deed, a recent appraisal by a certified appraiser, and documentation to show any mortgages or liens.

Hi JimVaPhuong many thanks for taking the time to reply and I appreciate your comments, however I did not see on any of the instructions for the I-864 that my father in law had to supply any proof whatsoever of his citizenship. he is indeed a US citizen, as is my husband. And as I said in my original post, he did send in the required tax returns but since his income did not qualify why would they be looking for further tax info ? and his assets more than cover the required amount for the household size. The letter also says: submit evidence of assets that meet the federal povery line or obtain a joint sponsor ?????? It is the joint sponsor that has supplied the I-864 ..this is what has me curious about their efficiency Edited December 13, 2010 by city2countrygirl

[Harpa Timsah 13,258]

The reason they said "submit evidence that your sponsor meets the 125% of the federal poverty line or get a co-sponsor" is because the evidence you submitted for your father-in-law does not currently satisfy the requirement for co-sponsor. The wording is a bit strange, but it is more or less just a form letter. Because it is not complete, they cannot use it at all, hence the wording "find a co-sponsor."

So what you need to do is to satisfy the documentary requirements for your co-sponsor (not get a whole new one obviously). Jim laid out clearly what the requirements are. If you did not submit any proof of citizenship for your father-in-law, then you can start with that. Maybe someone will quote the instructions, but uscis.gov is being wonky right now for me.

For your primary sponsor (your husband), you still need to submit at least a tax return for the previous year, even if it does not meet the requirements (I think your post may say that you did not do that, but I'm not really sure). Good luck.

[Nich-Nick 3,354]

The RFE is a form letter and not personalized to you, so don't read too much into it.. Jim gave a perfect answer. Just look at what you didn't do right the first time and correct it.

Dad must FIRST qualify to be a sponsor. If you didin't send proof of his citizenship, then they look no further. His I-864 does not exist in their eyes. So as far as they are concerned you only gave them husband's I-864 to consider. It is not sufficient so they told you in an RFE. You are told about the proof of citizenship in the I-864 Instructions on page 5, second column, 19.Citizenship/Residency.

The RFE isn't really about your husband or his citizenship. It's about Dad needing to provide his citizenship so they will consider his I-864. Refer to Jim's post to check if you also have enough proof of Dad's income properly documented.

[city2countrygirl 0]

Thanks all for your replies, this makes things much simpler for me as I didn't know whether I should get a lawyer to even figure out what they wanted, as it was a little obscure. I overlooked providing proof of citizenship and as my hubby was born out of the US I suppose they're thinking that my father in law is something other than a US citizen. It all makes sense now that if for that reason they completely disregarded my FILs I-864. I will send in a copy of his Birth Cert, with any other tax info we can scare up and more proof of his assets and keep my fingers and toes well crossed,