I-864 Affidavit of Support inaccurate instructions?

[davidselcon 0]

I would like to bring to your attention that it is my feeling that the evidence you are requesting is not consistent with the instructions printed on the Forms I-864 & I-864A.

The forms I have been using, and their associated instructions, are the updated versions downloaded from the USCIS website. Nowhere on these forms, nor on the accompanying instructions and checklists, is it specifically requested that we include in our initial application (1) proof of citizenship and/or documentation of the Household member’s ability to lawfully work in the United States and (2) evidence of household member’s current income in the form of a letter from employer and pay stubs from the previous 6 months.

In regards to number 2 listed above:

Admittedly, the instructions of form I-864A, Part 1, number 9, do suggest that:

“you may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official.”

In my initial submission I had included the Household Member’s IRS tax returns for the past 3 years, demonstrating an average income of $190,000.000. Because these forms contained evidence of income that far exceeds the requirements, didn’t feel it necessary to contribute any additional, non mandatory evidence at that time.

Nonetheless, they hit me with a request for more evidence to prove: 1) nationality of household member and 2) letter from employer of household member. These, however, were not listed in any of the instructions?

Has anybody else experienced this same complication?

Thanks

David

[YuAndDan 153]

190 million is a very large income!

Just provide them with copies of past 3 years income, (1040, 1040A or 1040EZ, W2, and any 1099s, past 6 months pay stubs, and or note from employer.)

The new I-864 forms have been greatly simplified from the old ones and require less documentation.

Also:

What stage are you in your time line? Between NOA1 and NOA2, AOS, Visa interview, Which service center are you dealing with NVC? type of Visa K1, K3....

Please take the time and fill out your profile with things like Service center, consulate, and times items sent and received.

This helps us all with understanding your situation and what you are dealing with.

Your profile is incompleate.

http://www.visajourney.com/forums/index.php?showuser=25894

and you dont have a time line.

http://www.visajourney.com/timeline/profile.php?id=25894

You will get more help if you help us by taking the time to enter this data.

[davidselcon 0]

I meant $190,000 Thanks.

I did provide them with my past 3 years of income. In their request for more evidence, they wanted me to send them the household members past 6 months pay stubs and also proof of citizenship. This, however, was not stated in the instructions in the application. Care to disagree? I challenge you.

Are you up to it?

David

190 million is a very large income!

Just provide them with copies of past 3 years income, (1040, 1040A or 1040EZ, W2, and any 1099s, past 6 months pay stubs, and or note from employer.)

The new I-864 forms have been greatly simplified from the old ones and require less documentation.

Also:

What stage are you in your time line? Between NOA1 and NOA2, AOS, Visa interview, Which service center are you dealing with NVC? type of Visa K1, K3....

Please take the time and fill out your profile with things like Service center, consulate, and times items sent and received.

This helps us all with understanding your situation and what you are dealing with.

Your profile is incompleate.

http://www.visajourney.com/forums/index.php?showuser=25894

and you dont have a time line.

http://www.visajourney.com/timeline/profile.php?id=25894

You will get more help if you help us by taking the time to enter this data.

[YuAndDan 153]

In that case you make more than enough and should be using I-864EZ. also don't add the past 3 years incomes they just want what was reported as ajusted gross income on last year 1040 only.

See: http://www.uscis.gov/graphics/formsfee/for...les/I-864EZ.pdf

And don't forget to fill in the details on your timeline and profile.

[Canuck Carrie 1]

Who is it you want to challenge?

We don't make the rules or write the instructions and we're definitely not the enemy.

[davidselcon 0]

Who is it you want to challenge?

We don't make the rules or write the instructions and we're definitely not the enemy.

Not offense intended... I meant it as a positive thing?

[davidselcon 0]

In that case you make more than enough and should be using I-864EZ. also don't add the past 3 years incomes they just want what was reported as ajusted gross income on last year 1040 only.

See: http://www.uscis.gov/graphics/formsfee/for...les/I-864EZ.pdf

And don't forget to fill in the details on your timeline and profile.

I dont make 190,000 dollars, the household member makes that amount. And the fact that im using a household member's income, i cannot file the I864EZ.

ANy other advice?

[Dr_LHA 3]

If you've been hit for a RFE to provide stuff they didn't ask for you've just joined a pretty big club on here. However, what I see in your post is that you're trying to figure out *why* you are being asked for this stuff.

Don't bother!

Just send them what they want, its not like you can argue with them. USCIS will tell you that what the instructions say are just guidelines, and they are free to ask for whatever extra evidence they choose. What is most likely happening is that USCIS officers are not following the new up to date rules. Its frustrating, but there isn't anything you can do about it other than send them what they want.

[diadromous mermaid 36]

I would like to bring to your attention that it is my feeling that the evidence you are requesting is not consistent with the instructions printed on the Forms I-864 & I-864A.

The forms I have been using, and their associated instructions, are the updated versions downloaded from the USCIS website. Nowhere on these forms, nor on the accompanying instructions and checklists, is it specifically requested that we include in our initial application (1) proof of citizenship and/or documentation of the Household member’s ability to lawfully work in the United States and (2) evidence of household member’s current income in the form of a letter from employer and pay stubs from the previous 6 months.

In regards to number 2 listed above:

Admittedly, the instructions of form I-864A, Part 1, number 9, do suggest that:

“you may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official.”

In my initial submission I had included the Household Member’s IRS tax returns for the past 3 years, demonstrating an average income of $190,000.000. Because these forms contained evidence of income that far exceeds the requirements, didn’t feel it necessary to contribute any additional, non mandatory evidence at that time.

Nonetheless, they hit me with a request for more evidence to prove: 1) nationality of household member and 2) letter from employer of household member. These, however, were not listed in any of the instructions?

Has anybody else experienced this same complication?

Thanks

David

Possible explanation:

a. If your joint sponsor provided 1040s to demonstrate income of $190,000.00 per year, that would be a figure from line 22 of the 1040. BUT, line 22 of the 1040 also includes income from sources other than employment. Perhaps USCIS wants to see if the entire $190,000 is sustainable employment-related income, or a combination of employment income and dividends, business profits etc?

b. Perhaps the joint sponsor is a married person and filed a joint tax return, and the $190,000 is an aggregate income figure of his/her and the spouse's income?

[meauxna 15]

You might have missed the part about how none of that is required *unless they ask for it*. They have.

Also check the Additional Instructions on the forms download page.

The proof of citizenship--I have my own theory about why this is suddenly being asked for, but I would certainly recommend that *everyone* include proof of citizenship/status for ANY money they are including on an I-864. I believe you'll be seeing this as a common RFE.

[nemu 0]

It is very possible that people carrying out initial processing are not familiar with detailed instructions.

Re: proof of status - old form said something along the lines "if not already submitted with i-130 or whatever"

You make an excellent point - go for overkill with fin. support.

[sharky 2]

If you've been hit for a RFE to provide stuff they didn't ask for you've just joined a pretty big club on here. However, what I see in your post is that you're trying to figure out *why* you are being asked for this stuff.

Don't bother!

Just send them what they want, its not like you can argue with them. USCIS will tell you that what the instructions say are just guidelines, and they are free to ask for whatever extra evidence they choose. What is most likely happening is that USCIS officers are not following the new up to date rules. Its frustrating, but there isn't anything you can do about it other than send them what they want.

David,

dr_lha's right!! welcome to the club : http://www.visajourney.com/forums/index.php?showtopic=28733

it's getting bigger by the day. Don't try and work it out, we're all just as frustrated as you with the lack of good instructions, just send them what they want and move on

good luck!

[RKhalid 0]

Hi,

,

i did my AOS in July of this year for I-130 CR1, it was approved, thanks God, and i will say that in the instructions it did clearly mention to give three years tax returns or transcripts, and proof of Citizenship (birth certificate) and proof of employment ,such as a letter or pay stub, but we only gave one pay stub, not 6 past months pay stubs...anyway, there was no problem and no request for evidence....o yes, i had a joint sponsor, who filled out a separate I-864 , i didn't have to give proof of citizenship according to the instructions, only the joint sponsor had to do that.

If you are using the income of persons in your household or

dependents to qualify,

A separate Form I-864A for each person whose

income you will use.

Proof of their residency and relationship to you

if they are not listed as dependents on your

income tax return for the most recent tax year.

Proof of their current employment or selfemployment.

I can agree with you though that no where does it say proof of citizenship on the required docs list for household members.

K, well, like someone said before, that just give them what they request, even if you don't understand it, but if you can not find your answer here, then i would suggest simply calling them...at the NVC...

I hope everything clears up for you

Leona

[*Robert* 2]

You might have missed the part about how none of that is required *unless they ask for it*. They have.

Also check the Additional Instructions on the forms download page.

The proof of citizenship--I have my own theory about why this is suddenly being asked for, but I would certainly recommend that *everyone* include proof of citizenship/status for ANY money they are including on an I-864. I believe you'll be seeing this as a common RFE.

That is definitely what a lot of the RFE's have been about, even though the instructions clearly state that one must be included for anyone else submitting a I-864.