RFE for I-864, Need Clarification Please <3

[Sas323 0]

Hey There!

Made it to the United States, successfully Married, sent off AOS, Recieved an RFE.

The RFE states two things:
1. "Affidavit of Support was submitted, however it was not from the Petitioner/Sponsor"
2. "Joint Sponsor income did not meet 125% of the Poverty guidelines etc"

When i first submitted the Affidavit of Support, we just sent in One form, and we used my Husbands father, we did not send one in for my Husband aswell... I would assume that this is the reason we did not meet the Poverty Guidelines.

So:
1. Do we send 2 Affidavit of Support forms in? One from my Husband with all necessary documentation, and One from his Father with all necessary documentation?
2. RE: the Affidavit of Support form itself, do we submit 2 of I-864? Or is there a seperate form for "joint sponsors" or anything of the sorts.

Would really appreciate some clarification, were pretty young and have never dealt with anything like this before.

Thanks in advance!

- Steve and Zack.

[KimberlyAhmed 28]

You will need two- one from you husband who is your sponsor and then one from the joint sponsor. It appears that the joint sponsor you had does not make 125% of the poverty level, so you will need another one, unless your husband does. If he does, then there is no need for a joint sponsor.

[KayDeeCee 4,893]

The USC petitioner/sponsor must fill out their own I-864, even when using a joint sponsor.

1. Who Completes and Signs Form I-864?

A sponsor completes and signs Form I-864. A sponsor is required to be at least 18 years old and domiciled in the
United States, or its territories or possessions (see Part 4, Information on the Sponsor, Item Number 5. of these
instructions for more information on domicile). The petitioning sponsor must sign and complete Form I-864, even if a
joint sponsor also submits an I-864 to meet the income requirement.

From Page 8 of the instructions > http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

The second part of your RFE states the joint sponsor does not meet the requirement. Are they married? What is their household size? What is their current annual income? What documentation was sent for the joint sponsor?

[Sas323 0]

Thank you both for your replies! Appreciate that you have given up your time.

They are recently divorced as of the beginning of this year.
Thier household size was 4
The annual income listed was around $22,000
We sent previous three years federal tax returns, three recent pay stubs and a letter of employment.

I have a new question:
We didnt use my Husband at the start of this process because we both recently moved back to the USA and he didnt have a job.

He is now employed and we live together in an apartment just the two of us, and his income (working 6 days a week, one day of overtime) is $23,069.80. Working 5 days a week for a year he makes around $16,000 though.
125% Poverty Guidelines for a household size of 2 people is $19,662.

Will we be fine if we use my Husband as the sposor in this situation?

Again, thanks for your time.

[Sas323 0]

Also: I have a bank statement from my savings account from back in Australia, with a substantial amount of money, easily enough to support myself.
On the Affidavit of Support form (Part 7, Question 6: Enter the balance of the sponsored immigrants savings and checking accounts), can I write that total and include it as evidence, and will we have any issues from there with that?

Its an Australian bank account & statement. The bank is not located in the USA.

^Thanks!

[KayDeeCee 4,893]

The joint sponsor does not make enough. You would need to find another one that does.

If your husband has proof that he makes $23k annually before taxes, then list that income amount on his I-864 and provide the documents to prove it, such as letter from employer and pay stubs. And yes, the foreign spouse can list their assets, even if not in a US bank. You do not even need to fill out an I-864A. You just need to show proof of the assets, your ownership and the value.