RFE for joint sponsor

[apt6606 1]

Hello Everyone! Thanks in advance for looking at my post and any help is greatly appreciated!

I'm holding a h1b visa expiring in nov 2013. I married my husband (USC) in April and had him file I130 for me and I filed I 485. In the I 864 I listed both his and my income to meet the 125% poverty line as his income alone does not meet it. For my income I included my work authorization(isussued by USCIS), my pay stubs, 2012 tax transcript and an employment verification letter issued when I started the job two years ago.

I got an RFE 1 month later. The letter said the petitioner/sponsor's income did not meet 125% of federal poverty line for the household size. Apparently they didn't want to include my income at all.

Alright. After some hard work, we found a friend who is willing to be our sponsor and had him file an I 864 form, get tax transcript, pay stubs, birth certificate ready for us.

So my question is, when we submit the response for the RFE, along with the joint sponsor's I864 and documents, should we submit the petitioner's I 864 again? If we should, should we submit a new I 864 without having my income included or should we just re-submit our old I 864? In that case, do we have to resubmit all the documents (hubby's birth certificate, tax transcript, pay stubs, my work authorization, tax transcript, pay stub, etc)?

Thank you so much for your help!!

[aaron2020 11,651]

Did you list your income and your husband's income on the same I-864 form?

Who signed the I-864 - you or your husband?

Did you file Form I-864a to include your income?

Edited September 28, 2013 by aaron2020

[apt6606 1]

Did you list your income and your husband's income on the same I-864 form?

Who signed the I-864 - you or your husband?

Did you file Form I-864a to include your income?

Yes we listed my income and my husband's income on the same I-864.

My husband, the petitioner signed the I 864.

I didn't have to file form I 864A as I'm the intending immigrant and I'm the wife of the petitioner.

[aaron2020 11,651]

Yes we listed my income and my husband's income on the same I-864.

My husband, the petitioner signed the I 864.

I didn't have to file form I 864A as I'm the intending immigrant and I'm the wife of the petitioner.

You screwed up.

The I-864 should only list your husband's income.

You should have filed Form I-864a as a Household Member to combine your income with your husband's income.

Don't be mad at USCIS when the mistake was yours.

[apt6606 1]

You screwed up.

The I-864 should only list your husband's income.

You should have filed Form I-864a as a Household Member to combine your income with your husband's income.

Don't be mad at USCIS when the mistake was yours.

That is incorrect. You can refer to I-864 instruction, Part 6, 6.b., it reads "If you included the income of the intending immigrant who is your spouse .... He or she does not need to complete Form I-864A... unless he or she has an accompanying spouse or children.

I'm not pointing fingers to anyone. I'm asking for help.

[KayDeeCee 4,895]

Hello Everyone! Thanks in advance for looking at my post and any help is greatly appreciated!

I'm holding a h1b visa expiring in nov 2013. I married my husband (USC) in April and had him file I130 for me and I filed I 485. In the I 864 I listed both his and my income to meet the 125% poverty line as his income alone does not meet it. For my income I included my work authorization(isussued by USCIS), my pay stubs, 2012 tax transcript and an employment verification letter issued when I started the job two years ago.

I got an RFE 1 month later. The letter said the petitioner/sponsor's income did not meet 125% of federal poverty line for the household size. Apparently they didn't want to include my income at all.

Alright. After some hard work, we found a friend who is willing to be our sponsor and had him file an I 864 form, get tax transcript, pay stubs, birth certificate ready for us.

So my question is, when we submit the response for the RFE, along with the joint sponsor's I864 and documents, should we submit the petitioner's I 864 again? If we should, should we submit a new I 864 without having my income included or should we just re-submit our old I 864? In that case, do we have to resubmit all the documents (hubby's birth certificate, tax transcript, pay stubs, my work authorization, tax transcript, pay stub, etc)?

Thank you so much for your help!!

Not sure why they would not count your income. Did you list the combined amount on Part 6 #10, check box 12 and put your name there where it asks? Did you include proof that your income would continue even after you become a permanent resident? See page 6, b. of the I-864 instructions. You have to provide that. I would resend it all that way, including yours again, but be sure to include some proof that your job will continue after you get your green card, if that was not provided to begin with. Also, send along the documentation for the joint sponsor too, just in case they still will not accept your income for whatever weird reason

You screwed up.

The I-864 should only list your husband's income.

You should have filed Form I-864a as a Household Member to combine your income with your husband's income.

Don't be mad at USCIS when the mistake was yours.

They did not screw up. The intending immigrant spouse does NOT fill out an I-864A. http://www.uscis.gov/files/form/i-864instr.pdf

~ Moved from Bringing Family Members of US Citizens to AOS from Work, Student & Tourist Visas : Duplicate topic posted in another forum removed ~

[apt6606 1]

Not sure why they would not count your income. Did you list the combined amount on Part 6 #10, check box 12 and put your name there where it asks? Did you include proof that your income would continue even after you become a permanent resident? See page 6, b. of the I-864 instructions. You have to provide that. I would resend it all that way, including yours again, but be sure to include some proof that your job will continue after you get your green card, if that was not provided to begin with. Also, send along the documentation for the joint sponsor too, just in case they still will not accept your income for whatever weird reason

They did not screw up. The intending immigrant spouse does NOT fill out an I-864A. http://www.uscis.gov/files/form/i-864instr.pdf

Thank you Kay so much for your advice!!

I could not provide proof that my income would continue after I become a permanent resident as my company will not issue a letter saying I'll remain hired for however long. It's strickly "at will". All they are OK to do is to provide me an updated employment verification letter and that I don't think can be regarded as a proof of income continuing after I become a PR...

I guess that's why my income didn't get to be included...

So it looks like I better just not include my income...?

Thanks again!!

[Harpa Timsah 13,258]

The employer needs to state you have a permanent job (which is not a guarantee per se, just proof that your employment isn't tied to your immigration status). If you can't provide that then your income won't count.

Also, for the husband, did you make sure that his income tax returns were complete, and did you provide his proof of current employment?

[KayDeeCee 4,895]

Thank you Kay so much for your advice!!

I could not provide proof that my income would continue after I become a permanent resident as my company will not issue a letter saying I'll remain hired for however long. It's strickly "at will". All they are OK to do is to provide me an updated employment verification letter and that I don't think can be regarded as a proof of income continuing after I become a PR...

I guess that's why my income didn't get to be included...

So it looks like I better just not include my income...?

Thanks again!!

You are welcome! As Harpa said, you need to provide proof the income will continue or they will not count it. You can still list it, but if your employer will not give you documentation that your job will remain when you get your green card, then you definitely need that joint sponsor.