RFE on the AOS

[Pau Casas 0]

Hello again!

Im sorry to write all the time about my answers buuuut i just got this:

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 Form I130 or Form I129F. Even if a joint sponsor will be used, the petitionet/sponsor must submit Form I.864. Also provide copies of the petitioner/sponsor's most recent Federal Income tax returns.

I think I misunderstood all the Affidavit. As I'm reading now, the I864 has to be completed by my wife even if she is unemployed. And my father in law, who fill out the first I864 has to do the I864A. Am I right?

I just wanna make sure and finish all this papers without an RFE again.

Thank you very much.

[KayDeeCee 4,893]

Hello again!

Im sorry to write all the time about my answers buuuut i just got this:

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 Form I130 or Form I129F. Even if a joint sponsor will be used, the petitionet/sponsor must submit Form I.864. Also provide copies of the petitioner/sponsor's most recent Federal Income tax returns.

I think I misunderstood all the Affidavit. As I'm reading now, the I864 has to be completed by my wife even if she is unemployed. And my father in law, who fill out the first I864 has to do the I864A. Am I right?

I just wanna make sure and finish all this papers without an RFE again.

Thank you very much.

No to the I-864A. Not sure how you arrived at that conclusion. Every petitioner/sponsor must fill out their own I-864, even if they are unemployed because they are the primary sponsor no matter what. Her father filled out the I-864 as the joint sponsor. They are only asking for the I-864 and supporting documents from your wife. There is no need for an I-864A in your situation.

[Pau Casas 0]

Oh, this change everything. So, again, I just need to send the I864 from my wife with her tax return? and do I have to send my father in law I864 again and his taxes?

[Pau Casas 0]

Ok, now im so lost. My wife has to fill out the I864 because she is my sponsor. She is not working right now and we are living in her parents house. Her father is gonna be my joint sponsor, which form has to complete? The I864 as a Joint Sponsor or the I864 as householder?

[KayDeeCee 4,893]

Ok, now im so lost. My wife has to fill out the I864 because she is my sponsor. She is not working right now and we are living in her parents house. Her father is gonna be my joint sponsor, which form has to complete? The I864 as a Joint Sponsor or the I864 as householder?

As I said before, both fill out an I-864. Your wife has no income. The I-864 is for a household member to combine incomes with the sponsor. There is no income of the sponsor to combine incomes with. Much better and easier to keep household count correct by having her father fill out his own I-864. There is no requirement to use the I-864A simply because you live in the same house. If he is married and files taxes jointly with his wife, then make sure you list only his individual income on the I-864 and include a complete copy of their joint tax return with all forms, schedules and W-2s. If his wife's income was needed to combine with his, then his wife would fill out an I-864A to combine her income with her husband's. If he has enough income on his own for his household size plus you, then no need for his wife to fill out the I-864A either. He just needs to make sure his individual income is listed and shown clearly as I stated above. No one will be combining income with your wife, since she has no income to combine with. Read through the I-864 and I-864A instructions.

[Pau Casas 0]

As I said before, both fill out an I-864. Your wife has no income. The I-864 is for a household member to combine incomes with the sponsor. There is no income of the sponsor to combine incomes with. Much better and easier to keep household count correct by having her father fill out his own I-864. There is no requirement to use the I-864A simply because you live in the same house. If he is married and files taxes jointly with his wife, then make sure you list only his individual income on the I-864 and include a complete copy of their joint tax return with all forms, schedules and W-2s. If his wife's income was needed to combine with his, then his wife would fill out an I-864A to combine her income with her husband's. If he has enough income on his own for his household size plus you, then no need for his wife to fill out the I-864A either. He just needs to make sure his individual income is listed and shown clearly as I stated above. No one will be combining income with your wife, since she has no income to combine with. Read through the I-864 and I-864A instructions.

OOOKEI, now everything is clear. In the form I864 my wife is the option A petitioner and my father in law is D joint sponsor, and they both need to fill it out and the tax return.

Perfect I will work on it tonight and send it tomorrow. Thank you so so much for your help again

[KayDeeCee 4,893]

OOOKEI, now everything is clear. In the form I864 my wife is the option A petitioner and my father in law is D joint sponsor, and they both need to fill it out and the tax return.

Perfect I will work on it tonight and send it tomorrow. Thank you so so much for your help again

Correct, and you are welcome. Good luck!

[Pau Casas 0]

Correct, and you are welcome. Good luck!

Hello again! We are filling the I864 of my wife and we don't have the return tax of 2010, so we don't know the income. What can we do?

[KayDeeCee 4,893]

Hello again! We are filling the I864 of my wife and we don't have the return tax of 2010, so we don't know the income. What can we do?

Get a free IRS tax return transcript. You can walk into your local IRS and get it, or order it online or over the phone: http://www.irs.gov/Individuals/Order-a-Transcript

If you meant she did not file in 2010, then include a statement as to why she was not legally required to file that year. On #25 for her 2010 tax info you would then put "N/A-SEE ATTACHMENT" on the line and make the statement the attachment.

[Pau Casas 0]

Get a free IRS tax return transcript. You can walk into your local IRS and get it, or order it online or over the phone: http://www.irs.gov/Individuals/Order-a-Transcript

If you meant she did not file in 2010, then include a statement as to why she was not legally required to file that year. On #25 for her 2010 tax info you would then put "N/A-SEE ATTACHMENT" on the line and make the statement the attachment.

Yeah, she did it in 2010, but she doesnt have a copy so yeah, we are gonna order it. Thank you so much again.