RFE on AOS need some advice

[AfzalandBecca 0]

I 864 for sponsor:

Income you are using from any other person :Background information: I have a joint sponsor(friend) who has filed jointly with his wife is on his tax transcript.

She is a housewife and has no income but is on the tax transcript as wife on the taxes.

I have to file the I 864A with our sponsor's I 864.

I will have 2 I 864's(one for myself as the petitioner and one from our sponsor(friend).

QUESTION1:

I 864(for myself)

Part 5. Sponsor's Household size

#4, If you have dependent children, enter the number here.

Would I put 1, or leave blank

I have one son who is a USA citizen but has not lived in USA since he was 4 years old. He's living with his father. My son has residence visa and lives in UAE. My son has not been in usa since he was 4 and now he's 10 yrs. old. The last legal document that I have is that I have full custody of him in USA.

Any help on this matter would be appreciated... I have debated on this question for a few days now....

Question2:

(I 864 for Sponsor)

Part 6

as counted in your household size. In certain conditions, the intending immigrant.(See Instructions.) Please indicate name, relationship and income.

6a Name: sponsor's wife's name

6bRelationship: Wife

6cCurrent Income: Would this be 0, blank, or husband's income listed on the joint taxes????

(wife is housewife and no work history) just filed on the joint taxes with her husband.

Question3:

I 864A(Spsonsor's wife)

Part 1

She has filed jointly on her husband taxes.

#10 My current individual annual income is

(would she put 0, blank, none, or her husband's income that listed on the taxes)????

Any help on these 3 questions would be appreciated as I have debated on these for past few days...

Thanks...

[Nich-Nick 3,354]

Sponsor's (your son)- if you list him as a dependent and claim a deduction on your US income tax, then he is a household member. Otherwise blank on form I-864.

Joint sponsor--

Did you include anything in your original submission that indicated the husband's separate earnings? Letter of employment, pay stubs? Or was a joint tax return all you sent?

[Nich-Nick 3,354]

Wife of joint sponsor--her income is zero. That's what you put on the forms.

The Joint tax return lumps income together so the USCIS can't tell from that if the man qualifies on his own.

Example: $30,000 on tax return. Husband and wife could each make $15,000. With no further proof that husband actually earns all of the $30,000, they are asking for the wife to sign off that her income can be used toward the immigrant.

Any of these would be acceptable in this example family--

Husband $15k

Add family member wife (6a) $15k

Total family income $30k

Husband $20k

Add family member wife (6a) $10k

Total family income $30k

Husband $30k

Add family member wife (6a) $0

Total family income $30k

The 6a person (if you list one) has to sign off on an I-864a

I hope that makes sense. You need to indicate who earns what amount on that joint tax return, especially if you didn't show the husband qualified on his own with further income proofs.

Edited November 26, 2014 by Nich-Nick

[AfzalandBecca 0]

Sponsor's (your son)- if you list him as a dependent and claim a deduction on your US income tax, then he is a household member. Otherwise blank on form I-864.

Joint sponsor--

Did you include anything in your original submission that indicated the husband's separate earnings? Letter of employment, pay stubs? Or was a joint tax return all you sent?

Husband does not work... we just got married and still waiting on his work authorization... Joint tax is all I sent....

[Nich-Nick 3,354]

Husband does not work... we just got married and still waiting on his work authorization... Joint tax is all I sent....

I am sorry I didn't understand your question then. I thought you had a joint sponsor (husband and wife) and the RFE was about them.

If you did not clearly prove your income portion of that joint return, then that is why the RFE. employer letter, pay stubs, W2 from you should clear that up.

Edited November 26, 2014 by Nich-Nick