RFE - i864

[Falconhoof 0]

So I unfortunately got a RFE in my case. We filed an i864 but not for my wife, only her mother who is my joint sponsor. They’re requesting that we now file one for my wife.

We are frankly unsure how to fill out this new one for my wife. Since we live in the same house as her mother, do we file an i864 for my wife and an i864a for her mother, combining their income? Or do we simply just file an i864 for my wife and they’ll also use the other i864 from her mother (marked as a joint sponsor application)?

I'm also wondering if I should also re-file the i864 from my mother in law? Or just send exactly what they ask for? I'm worried that they will disregard my mother in laws i864 since they state that the i864 was not from the petitioner/sponsor.

Thanks for any advice guys.

[Nich-Nick 3,354]

So I unfortunately got a RFE in my case. We filed an i864 but not for my wife, only her mother who is my joint sponsor. They’re requesting that we now file one for my wife.

We are frankly unsure how to fill out this new one for my wife. Since we live in the same house as her mother, do we file an i864 for my wife and an i864a for her mother, combining their income? Or do we simply just file an i864 for my wife and they’ll also use the other i864 from her mother (marked as a joint sponsor application)?

I'm also wondering if I should also re-file the i864 from my mother in law? Or just send exactly what they ask for? I'm worried that they will disregard my mother in laws i864 since they state that the i864 was not from the petitioner/sponsor.

Thanks for any advice guys.

There always has to be an I-864 from the spouse, money or not. So she can do that and include her most recent tax return. An I-864 from her mother is fine even if you live together. Make sure you Included proof of Mom's US citizenship or permanent residence with her original I-864, as well as her tax return and some other proof of income for extra measure. If all that was already turned in for Mom, then you shouldn't have to do hers again.

[Falconhoof 0]

There always has to be an I-864 from the spouse, money or not. So she can do that and include her most recent tax return. An I-864 from her mother is fine even if you live together. Make sure you Included proof of Mom's US citizenship or permanent residence with her original I-864, as well as her tax return and some other proof of income for extra measure. If all that was already turned in for Mom, then you shouldn't have to do hers again.

Thanks for the reply, yeah that makes the most sense. I have no idea what we were thinking only putting in the i864 for her mother. I think it's because we only had to do one affidavit (for her mom) while I was in the UK (the i134 I think).

We included evidence of her mom's citizenship so that shouldn't be a problem.

One last question, would I be right in saying we should treat each i864 separately when it comes to household income? So, like on her mom's we don't include my wife's current income but just count them on their own? It would make sense that way since on each form we are not using "any other person from the household size" in each case?

Thanks again.

[Nich-Nick 3,354]

Thanks for the reply, yeah that makes the most sense. I have no idea what we were thinking only putting in the i864 for her mother. I think it's because we only had to do one affidavit (for her mom) while I was in the UK (the i134 I think).

We included evidence of her mom's citizenship so that shouldn't be a problem.

One last question, would I be right in saying we should treat each i864 separately when it comes to household income? So, like on her mom's we don't include my wife's current income but just count them on their own? It would make sense that way since on each form we are not using "any other person from the household size" in each case?

Thanks again.

Do each independently:

Wife's I-864

Household: wife + any kids? + immigrant

Wife's income

Mom's I-864

Household: Mom + Dad?? + younger kids still on her tax return as dependents? + Immigrant

If your wife is young, still in school, and mom claims her as a dependent on taxes, then wife is part of Mom's household.

If wife has a job and is pretty independent financially (except for a place to live) then wife is not counted. This section is more about who mom still has financial responsibility for.

Mom's income only.

Is Mom married?

[Falconhoof 0]

Yeah her mom is married but she makes more than enough to be eligible to be the sponsor and has no dependents (including my wife). So we're not going to complicate things by adding an i864a for her dad since it's not needed really.

Thank you again for the concise and speedy reply.

[Nich-Nick 3,354]

Yeah her mom is married but she makes more than enough to be eligible to be the sponsor and has no dependents (including my wife). So we're not going to complicate things by adding an i864a for her dad since it's not needed really.

Thank you again for the concise and speedy reply.

Be sure you sent something (previously) that clearly shows Mom's separate income because a joint tax return lumps it all together and will get an RFE. A letter from her employer, her W-2, or 6months of pay slips would show she alone earns enough for 3 people.

Edited March 25, 2013 by Nich-Nick