RFE Request for Form I-864

[Ani_mer 0]

Hello VJ'ers, this site has been tremendous in helping folks like us going thru this process. I filed my AoS package mid September and all notices have been received and already done biometrics. I just received the RFE requesting to send Form I-864.

Here is my situation followed by the question:

My wife, who is a USC, has filed the petition for me and thus the I864 need to be filled out by her. She has been a student for the past 3 years and finished up all school and board exams earlier this year, and she has not been working since end of 2011. However, I have been gainfully employed for the past 3 years on H1b and my current income, as well as past years income on my tax return, are well above the poverty line for 2012.

So,questions is can we use my income and tax returns on filing the I-864, of course we will be sending her tax return as well regardless. And if possible, do I need to file the I-864A (I read on the instruction that since the intending immigrant,i.e, me, is the spouse, I do not need a separate form).

NOTE: My single sister, who is a permanent resident and has no dependent, is capable of filing the affidavit of support as a secondary if need be. But wanted to see if mine is sufficient enough.

Please, all helps and inputs are very much appreciated.

Edited October 1, 2012 by Ani_mer

[ceadsearc 516]

Yes, you can use yours as long as your income will continue once you get your green card. You file a joint I-864 with your spouse.

[Ani_mer 0]

Yes, you can use yours as long as your income will continue once you get your green card. You file a joint I-864 with your spouse.

Thank you for the quick response. My job is stable (at least to my knowledge ), b/c the company has been working towards my I-140, so it will continue. But, being the intended immigrant, do I have to file as a joint. Most of the instructions says otherwise.

Please any more info on this matter is appreciated.

[KayDeeCee 4,896]

Thank you for the quick response. My job is stable (at least to my knowledge ), b/c the company has been working towards my I-140, so it will continue. But, being the intended immigrant, do I have to file as a joint. Most of the instructions says otherwise.

Please any more info on this matter is appreciated.

No, you do not file a separate I-864 and the intending immigrant does not need to fill out an I-864A either. You are the intending immigrant and spouse of the USC sponsor, not a joint sponsor. She will list your name, that you are her spouse and your current income on #24 b. Then she will check #24 e. and list your name there again. #24 c. is where you list your combined incomes. If your USC spouse is working now, then she can list her current income as well. It is not just about what she made in 2011. Both of you provide your most recent tax return transcripts, letters from your employers and most recent pay stubs to prove your current income. You also need to include proof that your current employment will continue after you are a permanent resident. See page 7 of the I-864 instructions.

Edited October 2, 2012 by Jay-Kay

[Ani_mer 0]

No, you do not file a separate I-864 and the intending immigrant does not need to fill out an I-864A either. You are the intending immigrant and spouse of the USC sponsor, not a joint sponsor. She will list your name, that you are her spouse and your current income on #24 b. Then she will check #24 e. and list your name there again. #24 c. is where you list your combined incomes. If your USC spouse is working now, then she can list her current income as well. It is not just about what she made in 2011. Both of you provide your most recent tax return transcripts, letters from your employers and most recent pay stubs to prove your current income. You also need to include proof that your current employment will continue after you are a permanent resident. See page 7 of the I-864 instructions.

That is what I figured earlier on but wanted to confirm. Thank you Jay and Cead for all your inputs. We have already filled the I-864 with my earning info included. I am putting together my recent pay stubs that I can find backed up with my pay history, wifey's and my tax returns, and employment verification from HR. I will try to send it back ASAP so that it won't be a hold up. I will notify you with any updates, hope it will be all right

[SikaHunter_NZ 5]

This thread is pretty much on topic for what I'm after,

I've just received an RFE for the I-864 as well, requesting federal tax returns for my wife (the USC), proof of income for her new job (originally sent a copy of her employment contract acceptance notice which lists all details of her work/type/salary/benefits/duration/promotion schedule on business letterhead, apparently not good enough???) and also a request for I-864a as "the petitioner/sponsor failed to submit one or more forms(s) I-864A, for the household members whose income is being used to meet the poverty line. The petitioner/sponsor needs to submit a completed and signed Form I-864A for all household members whose income is being used."

Now, to make things tricky, my wife has not filed tax returns in the US for the last 4 years as she has lived with me in New Zealand, and definately earnt less than the minimum requirements to declare on US tax returns (NZ $35,000 pa). After wading through the waffly jargon through IRS, we are still unsure if she needs to submit returns for the last few years??? Any advice?

The thing that worries me is the request for I-864a, our household size is two... my wife and I. She is the only income here in the US that we have, exceeds the poverty guidelines by almost $10k.

What I would like to know is if I submit the evidence for the RFE, ie another I-864 with proper evidence and a letter explaining that she lived in New Zealand with no US income for the last 4 years, but do not include the I-864a (which seems to be redundant/not applicable), would they really deny my application like the letter threatens?

[KayDeeCee 4,896]

This thread is pretty much on topic for what I'm after,

I've just received an RFE for the I-864 as well, requesting federal tax returns for my wife (the USC), proof of income for her new job (originally sent a copy of her employment contract acceptance notice which lists all details of her work/type/salary/benefits/duration/promotion schedule on business letterhead, apparently not good enough???) and also a request for I-864a as "the petitioner/sponsor failed to submit one or more forms(s) I-864A, for the household members whose income is being used to meet the poverty line. The petitioner/sponsor needs to submit a completed and signed Form I-864A for all household members whose income is being used."

Now, to make things tricky, my wife has not filed tax returns in the US for the last 4 years as she has lived with me in New Zealand, and definately earnt less than the minimum requirements to declare on US tax returns (NZ $35,000 pa). After wading through the waffly jargon through IRS, we are still unsure if she needs to submit returns for the last few years??? Any advice?

The thing that worries me is the request for I-864a, our household size is two... my wife and I. She is the only income here in the US that we have, exceeds the poverty guidelines by almost $10k.

What I would like to know is if I submit the evidence for the RFE, ie another I-864 with proper evidence and a letter explaining that she lived in New Zealand with no US income for the last 4 years, but do not include the I-864a (which seems to be redundant/not applicable), would they really deny my application like the letter threatens?

Did she list income or assets from anyone other than herself on the I-864? Strange that they would ask for an I-864A if she never listed a household member. Did you have assets she listed and included and perhaps forgot to check off #24 e.?

Send them a letter from her employer that states when she started, her position and salary. Also include her most recent pay stub(s) to prove her income. She needs to include a statement as to why she was not legally required to file taxes for the last 3 years. Explain about her living abroad and that she did not earn enough to legally have to file taxes.

[SikaHunter_NZ 5]

Did she list income or assets from anyone other than herself on the I-864? Strange that they would ask for an I-864A if she never listed a household member. Did you have assets she listed and included and perhaps forgot to check off #24 e.?

Send them a letter from her employer that states when she started, her position and salary. Also include her most recent pay stub(s) to prove her income. She needs to include a statement as to why she was not legally required to file taxes for the last 3 years. Explain about her living abroad and that she did not earn enough to legally have to file taxes.

Thanks for your help! She only listed her job as the only financial support, BUT after doing some further reading on the matter the evidence we sent (copy of employment contract/ job offer) is not valid for AOS I-864 purposes. So another letter from her manager with a copy of her first pay slip should suffice (she only started working last week!)

As for living abroad, apparently USC's still have to file taxes in USA, difference being whether you can write it off as an exemption from IRS.

Plenty of traps for newbies!

As for the the I-864a, I have no idea, the only words I could get out of the USCIS help line was "she hasn't earnt that money yet, so it can't be used". Regardless though, the instructions clearly state that an I-864a is not required in my case as my wifes income exceeds poverty levels for a household of two...

My wife has lots of family over here, would it be a good idea just to list someone else as a joint sponsor just to be safe?

[KayDeeCee 4,896]

Thanks for your help! She only listed her job as the only financial support, BUT after doing some further reading on the matter the evidence we sent (copy of employment contract/ job offer) is not valid for AOS I-864 purposes. So another letter from her manager with a copy of her first pay slip should suffice (she only started working last week!)

As for living abroad, apparently USC's still have to file taxes in USA, difference being whether you can write it off as an exemption from IRS.

Plenty of traps for newbies!

As for the the I-864a, I have no idea, the only words I could get out of the USCIS help line was "she hasn't earnt that money yet, so it can't be used". Regardless though, the instructions clearly state that an I-864a is not required in my case as my wifes income exceeds poverty levels for a household of two...

My wife has lots of family over here, would it be a good idea just to list someone else as a joint sponsor just to be safe?

Yes, she still needed to file US taxes, if she was required to. If she wasn't, she needs to send a statement as to why she was not legally required, such as she did not earn enough to be required to file. The IRS website lists the publications that show the amount that needs to be earned in order to require someone to file. If she needed to file, she should file the back years now and fill in a new I-864 listing her tax info in #25 and proving a complete copy of the 2011 return.

Since her job is so new and she was living abroad for the last few years, it might be a safe option for her to get a joint sponsor to fill out their own separate I-864, provide their supporting documents(2011 tax return transcript, letter from employer and recent pay stubs) plus proof of being a USC or permanent resident, and send all that in with the RFE as well. The joint sponsor would need to earn enough for their own household size plus you, the intending immigrant.