Request for Initial Evidence (URGENT HELP FROM YOU GUYS)- merged

[KatyF28 0]

Are you using a joint sponsor, or are they referring to your husband? Did you submit proof of current employment with the I-864, tax transcripts? Did you calculate the household size correctly?

I submitted form i864 for my husband with supporting documents of 3 years Federal Income Tax Return and 3Yrs of

w-2, 5 Pay stubs of current income, 1 bank statement. But I did not include Letter of Employment from his job. His income is 27,040 for household of 2.

So they ask us for initial evidence which are assets and 12 months bank statement and we don't have.

And now he got his pay stubs with the new promotion and pay raise.

[KayDeeCee 4,893]

No, he is not paying child support because the ex wife's parents is the one paying the child support. So she is under their taxes I guess. Coz they went to court for that child custody.

Ok, then if his child is a minor, the child is included in his household size. He needs to prove he makes at least $24,737 for a household of 3 in that case.

[Ian H. 207]

Hmm...something must be wrong in the I-864 then. It shouldn't be denied just because you didn't submit an employment letter. It's either or, pay stubs or letter.

Just a few more questions: How recent were the pay stubs you sent, were they dated right before sending the package? Do they have the YTD amount? For the taxes, did you submit transcripts or the full returns? For the household, your husband has never sponsored anyone before, or he doesn't have children/dependents that don't live with him?

I just want to make sure I get the whole picture first, because if everything that was submitted is good, then it may be something wrong in the form.

[sweetswinks 400]

I sent evidence from my joint sponsor of 3 years tax return transcripts, 4 recent paystubs, letter from employer. I wonder if I'll get an RFE too.

Also Katy could you please fill in your timeline?

Edited October 25, 2014 by sweetswinks

[KatyF28 0]

Aw I'm sorry to read that But I think you'll be fine with adding the employment letter from your husband's job and recent pay stubs. That's awesome he's got a promotion and pay raise!! Perfect timing lol. I hope you can mail your RFE response very soon!

I know. Huhu. Do you have idea if should I submit and update my I-864 or I'll just submit the evidences? Like the pay stubs, employment letter, bank statement. Etc.?

[TBoneTX 45,288]

Similar topics (one in the main AOS/Family-Based forum, the other in the case progress subforum) merged. Please start only one thread on a topic. This enables answers to appear in one place and ensures consistency. In addition, OP, please fill in your timeline so that people can better help you.

VJ Moderation

[KayDeeCee 4,893]

I know. Huhu. Do you have idea if should I submit and update my I-864 or I'll just submit the evidences? Like the pay stubs, employment letter, bank statement. Etc.?

Fill out a new I-864 and list the current annual income with the raise he has received since filling out the first one. If his child is a minor, he needs to list them in his household in Part 5. He needs to prove he makes at least $24,737 for a household of 3 in that case. Provide letter from employer and recent pay stubs to show his new current income with the raise.

If he does not make enough, then he needs to make up the difference with assets, or find a joint sponsor.

[KatyF28 0]

Fill out a new I-864 and list the current annual income with the raise he has received since filling out the first one. If his child is a minor, he needs to list them in his household in Part 5. He needs to prove he makes at least $24,737 for a household of 3 in that case. Provide letter from employer and recent pay stubs to show his new current income with the raise.

If he does not make enough, then he needs to make up the difference with assets, or find a joint sponsor.

His annual income is 27,040. I already asked about the dependents side. Most people says that I was right when I declared 2 in my household since my husband doesn't have any dependents in his recent income tax. And he is not supporting her because it's the grandparents responsibility already that's why they went to the court for her custody. So my husband and I only for the household. And the USCIS didn't require me to sent another i864 because I made mistake on the household size. So now, since his federal income tax return, w-2 for 2013 did not meet the poverty guidelines, I thought they will base on the current income which is 27,040 and I submitted pay stubs, 3 years ITR and w-2, 1 bank statement. Except for the Letter from his new employment.

[KayDeeCee 4,893]

His annual income is 27,040. I already asked about the dependents side. Most people says that I was right when I declared 2 in my household since my husband doesn't have any dependents in his recent income tax. And he is not supporting her because it's the grandparents responsibility already that's why they went to the court for her custody. So my husband and I only for the household. And the USCIS didn't require me to sent another i864 because I made mistake on the household size. So now, since his federal income tax return, w-2 for 2013 did not meet the poverty guidelines, I thought they will base on the current income which is 27,040 and I submitted pay stubs, 3 years ITR and w-2, 1 bank statement. Except for the Letter from his new employment.

He can pretend he does not have a minor child and willingly leave them off the I-864, but I do not suggest anyone lies to the USCIS on any of their forms. It does not matter what 'most people' say. It only matters what the USCIS and the I-864 instructions say. They say if you have minor children, no matter where they live, no matter who has custody, no matter if child support is paid or not, no matter who claims them on their taxes, they are included in the household count. IF the child was no longer a minor and also was not claimed as a dependent, then they would not be counted. Both of those factors together mean they are not counted. Simply not claiming the minor on your taxes does not exclude them from the household size.

For example, a divorced couple has a 14 year old child. The child lives with the ex-spouse mother who has full custody. She is the one that claims the child on her taxes because she is the one that provides most of his support. The father is filling out an I-864 for his new wife and must still include that child in his household size because the child is a minor and has not reached legal adulthood(age of majority). It makes no difference if he claimed the child on his taxes or that the child lives with his ex-wife and he does not have custody.

Again, the I-864 instructions explain this. http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Page 5 of the I-864 instructions >

1. Item Number 4. Enter the number of unmarried children you have who are under age 21, even if you do not have

legal custody of these children. You may exclude any unmarried children under 21, if these children have reached

majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.

Page 8: How to count household size >

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or Form I-864 EZ

Also, current annual income is not based on what was made last year. It is what he is currently making, not what is on his W-2 from 2013. How much he makes gross(before taxes) per week times 52 weeks is what his current annual income is. For example, if someone makes $12 an hour and works 40 hours a week, then their gross pay a week is $480 and their annual income is $24,960.

Edited October 25, 2014 by KayDeeCee

[AuroreJeremy 26]

I know. Huhu. Do you have idea if should I submit and update my I-864 or I'll just submit the evidences? Like the pay stubs, employment letter, bank statement. Etc.?

Yes submit an updated I-864. Your husband's income has changed since he got a promotion and his household size is 3 so that needs to be changed. And with that submit employment letter and recent pay stubs. That's what I did for the I-864 (even though my husband's affidavit was the same, I just thought it was better to send it again), I just sent my RFE response this morning.

Edited October 25, 2014 by AuroreJeremy

[KatyF28 0]

Yes submit an updated I-864. Your husband's income has changed since he got a promotion and his household size is 3 so that needs to be changed. And with that submit employment letter and recent pay stubs. That's what I did for the I-864 (even though my husband's affidavit was the same, I just thought it was better to send it again), I just sent my RFE response this morning.

Wow! Congratulations sis. Hope everything will go smoothly for you. I don't know till now if we still want to have joint sponsor.

[KatyF28 0]

Hello... What if there is a letter from the court that the grand parents will be the one who will provide the child support obligation and the custody is theirs and not to my petitioner anymore. So my sponsor doesn't give any financial support to the child. And that is included in their divorce paper or dissolution of marriage from the court?

[AuroreJeremy 26]

Wow! Congratulations sis. Hope everything will go smoothly for you. I don't know till now if we still want to have joint sponsor.

Thanks! Well do you and your husband know anyone else that would be willing (and meet the requirements) to be your joint sponsor? If your husband meets the requirements with his promotion for your household size, then you might not even need one.

[KatyF28 0]

Thanks! Well do you and your husband know anyone else that would be willing (and meet the requirements) to be your joint sponsor? If your husband meets the requirements with his promotion for your household size, then you might not even need one.

No sis we don't have anybody to be a joint sponsor. Yes, he meets the 125% and even before the promotion he still meets the guideline. You said, you had same latter as mine, does it have a line on the word obtain joint sponsor?

[KayDeeCee 4,893]

The answer won't change. It is still the same.

Page 5 of the I-864 instructions >

1. Item Number 4. Enter the number of unmarried children you have who are under age 21, even if you do not have
legal custody of these children. You may exclude any unmarried children under 21, if these children have reached
majority under the law of their place of domicile and you do not claim them as dependents on your income tax returns.