RFE I-864 help

[nrfitz 0]

Hi

I'm a US citizen married to a mexican, I was unemployed at the time that we sent the papers, and I didn't realize that I had to file the I-864 as the petitioner and be the principal sponsor. So we just sent my fathers I-864 papers, which I guess now becomes the co-sponsor and my mother filling the I-864A.

We are living in the US since November 2010, now I have a job.

We received a Request for Initial Evidence for form I-485, it says:

- Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponsor.

Please submit a completed and signed Form i-864 for the petitioner/sponsor listed on I-130 or form I-129F. Even if a joint sponsor will be used, the petitioner/sponsor mus submit form I-864. Also provide copies of the petitioner/sponsor's most recent Federal income tax returns.

So, if I understand correctly, this means I have to also send a I-864 form?

-The joint sponsor on Form I-864, Affidavit of Support, must submit all supporting documentation (W-2s, 1099s, and all supporting tax schedules) submitted to the Internal Revenue Service (IRS) for the most recent tax year. So my father didn't send the 1099, we'll be sending that.

- The joint sponsor on Form I-864, Affidavit of Support, must be a US citizen, US National or Lawful Permanent Resident of the US.

Submit evidence of the joint sponsor's status. We are sending copies of my father and mother's birth certificate.

- The joint sponsor on form I-864, Affidavit of Support, has not signed Form I-864A, contract between sponsor and household member.

The joint sponsor needs to sign and return the enclosed page of Form I-864 A.

So, this is where my biggest doubt it, now I have to sign this? or did my father forgot? (We didn't make copies of the papers we sent, but I'm sure like 90% that he signed it).

Please help me, it is just so difficult to understand the lawyer language.

Thank you!

They sent us a copy of the attached page. I also attached the I-864 and I-864A with the information we sent.

[Anh map 2,098]

You as petitioner need to submit the I-864 will supporting docs regardless of income.

Does Dad have enough income on his own to sponsor? If yes, then mom isn't needed. Doesn't matter if they file joint tax returns. If mom is needed then send supporting docs that show each is a citizen or LPr along with proof that they are married.

From what you are saying, Mom is the 864A.

[SalsaCouple 0]

Since you are the immediate relative you are still the one petitioning for his visa. With that you must be the primary on the I864 even if you don't make enough money to be the sole sponsor. Your father then becomes the co-sponsor and he must show that he is able to support everyone in your household with his current income. Both you and your father must sign the I864 as it is a contract with the US Gov't that your spouse will not become a charge of the state (receive federal/state financial support) and if he does then both you and your father (mainly your father) can be held liable financially to repay any distributed amounts.

Also, since you have a job now, if your current salary is enough to support your household then you won't need your father at all. An employment letter from your employer, with your number of hours worked/week, your salary amount, a statement of your start date and confirmation that you are still gainfully employed is necessary. Copies of pay stubs wouldn't hurt either, and still you must send your IRS forms & W-2's for the last 3 years.

[KayDeeCee 4,893]

As others have said, you, as the petitioner/sponsor, have to send your own I-864 and supporting docs. You cannot have a joint sponsor without a primary sponsor, which is the spouse.

If your mother is filling out the I-864A in conjunction with your father's I-864, he needs to sign the I-864A as well.

"Part 2. Sponsor's Promise." <-- under that section of the I-864A, there is a place for the sponsor to sign and date it. Your father needed to do that. The section under that is where your mother signs. The I-864 and I-864A work together as a household contract.

Everyone, you, your father and mother, must send in supporting tax documents and employment-salary proof. It is easiest to just get tax transcripts from the IRS. They are free, and can be ordered by phone, or online from the IRS website.