I-864 Question for my AOS

[vq35hr 0]

Hi guys, I have run into a confusing situation with my AOS. Keeping this long story short, I filed for AOS, got a RFE saying I need to file affidavit of support signed by my wife which I hadn't with my application package since her father is the primary sponsor and so I didn't realize I had to. The things that I am confused about right now is:

a)On Form I-864 Affidavit of Support, Under PART 6 Q: 24, Section C, I understand that I have to mention my name and my income since it's a part of the household income but which one should I check mark, option d or e? I am leaning towards option e since I am the intending immigrant and have no accompanying dependent. I am sure my wife can't be one since she's 23 and has recently started working.

b) My wife's recent employment brings into question the Federal Income Tax Return under Q:25. She was in college until early 2010 and employed for 3 months only last year for which she got a W2. She's been employed since March this year and has no W2 or Income Tax Return to show. What should I do in this case? I simply have nothing else but her recent pay stubs to submit. The instructions on USCIS weren't clear enough to me.

I did all my preparations myself via help from Visajourney and USCIS.gov and seems like this is the only thing I missed. Thanks for all the help guys.

[CMAGR8DX 0]

since your wife just started working recently, her recent pay stubs will help... but I think you should also get an employment letter from her work.

[amazngrace 3]

Hi guys, I have run into a confusing situation with my AOS. Keeping this long story short, I filed for AOS, got a RFE saying I need to file affidavit of support signed by my wife which I hadn't with my application package since her father is the primary sponsor and so I didn't realize I had to. The things that I am confused about right now is:

a)On Form I-864 Affidavit of Support, Under PART 6 Q: 24, Section C, I understand that I have to mention my name and my income since it's a part of the household income but which one should I check mark, option d or e? I am leaning towards option e since I am the intending immigrant and have no accompanying dependent. I am sure my wife can't be one since she's 23 and has recently started working.

b) My wife's recent employment brings into question the Federal Income Tax Return under Q:25. She was in college until early 2010 and employed for 3 months only last year for which she got a W2. She's been employed since March this year and has no W2 or Income Tax Return to show. What should I do in this case? I simply have nothing else but her recent pay stubs to submit. The instructions on USCIS weren't clear enough to me.

I did all my preparations myself via help from Visajourney and USCIS.gov and seems like this is the only thing I missed. Thanks for all the help guys.

Ok first of all if you are the one comming to the US your wife is then the petitioner and has to file the paperwork and that is why you got the RFE. Since your wifes income does not meet the guidlines needed for the AOS to be approved, her father will then fill out a seperate AOS and be your joint sponsor. Whoever is the petitioner needs to fill and sign this document. My situation with my husband is very similar I am also the petitioner just like your wife and my income does not meet the requirements needed for an approved AOS. My father is also our joint sponsor. Even though you will need to have a joint sponsor your wife needs to get a letter from her current employer for proof of current income, also include any w-2 or tax transcripts she may have. I have an example of an employment letter for an AOS if you would like it.

Hope this helps. Blessings.

n the case theYour income should only be added to the AOS if it will continue from its current source once you have came to the US.

since your wife just started working recently, her recent pay stubs will help... but I think you should also get an employment letter from her work.

yes i agree as well. both of these will be needed.

[vq35hr 0]

aha got it. the RFE letter said, I-864 wasn't filed by the petitioner who filed Form I-130 and that her signed application is required. That I will do. As for the pay stubs, I will include 3 with an employment letter. Her father's I-864 has already been submitted so I am assuming nothing else needs to be done there. Thanks.

[KayDeeCee 4,893]

Hi guys, I have run into a confusing situation with my AOS. Keeping this long story short, I filed for AOS, got a RFE saying I need to file affidavit of support signed by my wife which I hadn't with my application package since her father is the primary sponsor and so I didn't realize I had to. The things that I am confused about right now is:

a)On Form I-864 Affidavit of Support, Under PART 6 Q: 24, Section C, I understand that I have to mention my name and my income since it's a part of the household income but which one should I check mark, option d or e? I am leaning towards option e since I am the intending immigrant and have no accompanying dependent. I am sure my wife can't be one since she's 23 and has recently started working.

b) My wife's recent employment brings into question the Federal Income Tax Return under Q:25. She was in college until early 2010 and employed for 3 months only last year for which she got a W2. She's been employed since March this year and has no W2 or Income Tax Return to show. What should I do in this case? I simply have nothing else but her recent pay stubs to submit. The instructions on USCIS weren't clear enough to me.

I did all my preparations myself via help from Visajourney and USCIS.gov and seems like this is the only thing I missed. Thanks for all the help guys.

Your wife is the petitioner and primary sponsor, not her father. Her father would be the co-sponsor. Your wife needs to fill out her own I-864 and provide all the documents such as her tax transcripts, letter from employer and last few months of pay stubs. If she did not file taxes in any of the last 3 years, then she needs to write a statement explaining why she did not legally have to file for that year. If you are wanting to add in your own income to hers to meet the 125%, then you can list it in #24 b. and you would check e since you are the immigrant spouse. If you do not need to use your income in order for her to reach the 125% mark, then no need to list it at all.