I-864 Checklist - Help please

[lirpa11 16]

Hello, we received a checklist for our I864 a few days before Christmas.

I am now trying to attend to it so I can send what is needed ASAP so we aren't delayed too much. Can someone please help with the following points. I have color coded it to help with my queries that were specific to checklist items, black queries are other queries.

Thanks in advance!

FROM I864 CHECKLIST

"Please review the instructions below then refer to the final page of this checklist for mailing

instructions.

I-864, Affidavit of Support Checklist

[x] The Affidavit of Support is an important legal contract between you and the U.S. government. During our review,

we identified one or more sections that were either incomplete or contained incorrect information. Please review the

additional instructions below then complete and submit a new Affidavit of Support. You can download the I-864

form and instructions at http://www.uscis.gov/i-864.

[x]

In Part 1. Basis for Filing Affidavit of Support, please correct the following...

[x]

In Part 2. Information on the Principal Immigrant, please correct the following...

[x]

In Part 3, Information on the Immigrant(s) You are sponsoring, please correct the following...

[x]

In Part 4. Information on the Sponsor, please correct the following...

[x]

In Part 5. Sponsor's Household Size, please correct the following...

[x]

In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Items 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal

income tax return. If you filed Form 1040EZ, use the adjusted gross income instead.

[x]

In Part 8, Sponsor's Contract, please correct the following...

[x]

The Form I-864 we received was missing the following page(s). Please ensure you include all nine pages when you

resubmit the form.

[x]

You must submit the following financial evidence:

[x] Proof of current employment (examples: a recently dated job letter, pay stub, or a copy of your business license).

[x] __________2013_________________________ W-2 forms(s) or IRS Tax Transcript(s). "

1) My income on my most recent (2013) federal tax return is ZERO. I live and work in Australia and claim the foreign income exclusion. I have put ZERO on the form. I do not have dividends, interest, wages etc that are taxable income for USA purposes. Have I completed this question wrong?

2) My tax return clearly states I make foreign income. Also, this was included in a cover letter " In addition to these assets, we will both gain employment after arriving in the United States of America. I understand this cannot be used for sponsorship as we do not have the US based employment as yet." According yto this statement, as well as the income tax returns that clearly show foreign based income, can the NVC not understand that I do not have a job for them to take into consideration for the I864? I clearly stated in the letter that we will be using assets rather than income as we both live in Australia at present, but are in the process of re-establishing domicile (which I provided plenty of evidence for and did not get a checklist for). Why do they need details/paystubs when it makes no difference to the application. It will not help us.

3) The first tax return supplied is the 1040 form for the 2013 tax year as prepared by H & R block this year. Have they just ignored it and want it again?

4) So do I need to send in a new form for I864, a new letter that states, WE DO NOT HAVE US BASED INCOME AND WILL BE USING ASSETS (although my cover letter already says this? Can they not understand it with the tax returns???), and then send a letter from my Australian employer (which is 100% irrelevant to the AoS anyhow) and resend my 2013 tax return? Or can I just ask for a supervisor review? If so, how do I ask for this, what do I say re the questioned items, and how long will it take?

In addition to these items, it is suggested that we find a joint sponsor per this item

"The NVC has received the information you have submitted in reference to

the Affidavit of Support. Please be advised that the Affidavit of Support

information you have provided does not appear to meet the minimum

income requirement according to the current poverty guidelines to sponsor

the intending immigrant(s) for this petition. The consular officer will make

a decision regarding this requirement at the time of your interview. In

order to avoid delays, you may wish to submit an additional Affidavit of

Support (Form I-864) for a/another Joint Sponsor to the National Visa

Center to assist in sponsoring the intending immigrants. To view the

current poverty guidelines, visit

http://www.uscis.gov/files/form/I-864P.pdf.

If you decide to use a Joint Sponsor to assist in sponsoring the intending

immigrants, please note that you the sponsor may not use Form I-864EZ

and will also need to submit Form I-864. "

5) We have a joint sponsor if needed, however chose to use assets as it is more than 5x the poverty level and comfortably exceeds what they require. We can have the paperwork ready, however does this need to go to NVC or can we take it to the interview in case it's needed? I am worried if it goes to NVC then it will set us back another 3 months at minimum! What is the requirements on this please??

Thanks so much for your help. We are still living in Australia, and our house is on the market. I will be leaving Australia to go to USA on my own in 5-6 weeks, at the beginning of February. I will start setting us up with a house, a job, a car etc. Hubby will remain in Australia until his interview and then head over to be with me. I am hoping to get this part finished so it isn't months and months of us being apart.

[Frips 166]

My wife is in similar situation as you are (she haven't yet sent aos).

Did you send irs transcripts or copies of 1040?

Did you mention in cover letter that there is no w2 because you are working abroad? (Somewhere I've read that this is good think to do)

When I was talking with NVC rep she also adviced me to send employment letter( i did mention she is working abroad) and for current imcome fill 0$.

[NikLR 13,227]

Hello, we received a checklist for our I864 a few days before Christmas.

I am now trying to attend to it so I can send what is needed ASAP so we aren't delayed too much. Can someone please help with the following points. I have color coded it to help with my queries that were specific to checklist items, black queries are other queries.

Thanks in advance!

FROM I864 CHECKLIST

"Please review the instructions below then refer to the final page of this checklist for mailing

instructions.

I-864, Affidavit of Support Checklist

[x] The Affidavit of Support is an important legal contract between you and the U.S. government. During our review,

we identified one or more sections that were either incomplete or contained incorrect information. Please review the

additional instructions below then complete and submit a new Affidavit of Support. You can download the I-864

form and instructions at http://www.uscis.gov/i-864.

[x]

In Part 1. Basis for Filing Affidavit of Support, please correct the following...

[x]

In Part 2. Information on the Principal Immigrant, please correct the following...

[x]

In Part 3, Information on the Immigrant(s) You are sponsoring, please correct the following...

[x]

In Part 4. Information on the Sponsor, please correct the following...

[x]

In Part 5. Sponsor's Household Size, please correct the following...

[x]

In Part 6. Sponsor's Income and Employment, please correct the following...

[x] Items 13.a.1. The income you enter must match the total (gross) income reported on your most recent Federal

income tax return. If you filed Form 1040EZ, use the adjusted gross income instead.

[x]

In Part 8, Sponsor's Contract, please correct the following...

[x]

The Form I-864 we received was missing the following page(s). Please ensure you include all nine pages when you

resubmit the form.

[x]

You must submit the following financial evidence:

[x] Proof of current employment (examples: a recently dated job letter, pay stub, or a copy of your business license).

[x] __________2013_________________________ W-2 forms(s) or IRS Tax Transcript(s). "

1) My income on my most recent (2013) federal tax return is ZERO. I live and work in Australia and claim the foreign income exclusion. I have put ZERO on the form. I do not have dividends, interest, wages etc that are taxable income for USA purposes. Have I completed this question wrong? ~~ you may have. Double check your tax return transcript and see that it is infact zero and not a negative number.

2) My tax return clearly states I make foreign income. Also, this was included in a cover letter " In addition to these assets, we will both gain employment after arriving in the United States of America. I understand this cannot be used for sponsorship as we do not have the US based employment as yet." According yto this statement, as well as the income tax returns that clearly show foreign based income, can the NVC not understand that I do not have a job for them to take into consideration for the I864? I clearly stated in the letter that we will be using assets rather than income as we both live in Australia at present, but are in the process of re-establishing domicile (which I provided plenty of evidence for and did not get a checklist for). Why do they need details/paystubs when it makes no difference to the application. It will not help us. ~~do not even put your Aus job on the I-864 if you did.

3) The first tax return supplied is the 1040 form for the 2013 tax year as prepared by H & R block this year. Have they just ignored it and want it again?

~~you may have missed out part of the tax return. I suggest downloading and sending the tax return transcript instead. If you send a tax return it needs to be the the 1040, form 2555, how you document your pay in Aus (t4, w2, whatever they give you to do taxes with...) EVerything used to file your taxes.

4) So do I need to send in a new form for I864, a new letter that states, WE DO NOT HAVE US BASED INCOME AND WILL BE USING ASSETS (although my cover letter already says this? Can they not understand it with the tax returns???), and then send a letter from my Australian employer (which is 100% irrelevant to the AoS anyhow) and resend my 2013 tax return? Or can I just ask for a supervisor review? If so, how do I ask for this, what do I say re the questioned items, and how long will it take?

~~send in a new I-864. do not put down any work that will not be continuing. send 2013 tax return transcript vs tax return, and make sure you're using allowed assets and they are documented properly (aka you cannot use a house you are currently living in [or the only one that you own] or a car that is your only car.) If you cannot do this then send in the joint sponsor paperwork as well as your own paperwork.

In addition to these items, it is suggested that we find a joint sponsor per this item

"The NVC has received the information you have submitted in reference to

the Affidavit of Support. Please be advised that the Affidavit of Support

information you have provided does not appear to meet the minimum

income requirement according to the current poverty guidelines to sponsor

the intending immigrant(s) for this petition. The consular officer will make

a decision regarding this requirement at the time of your interview. In

order to avoid delays, you may wish to submit an additional Affidavit of

Support (Form I-864) for a/another Joint Sponsor to the National Visa

Center to assist in sponsoring the intending immigrants. To view the

current poverty guidelines, visit

http://www.uscis.gov/files/form/I-864P.pdf.

If you decide to use a Joint Sponsor to assist in sponsoring the intending

immigrants, please note that you the sponsor may not use Form I-864EZ

and will also need to submit Form I-864. "

5) We have a joint sponsor if needed, however chose to use assets as it is more than 5x the poverty level and comfortably exceeds what they require. We can have the paperwork ready, however does this need to go to NVC or can we take it to the interview in case it's needed? I am worried if it goes to NVC then it will set us back another 3 months at minimum! What is the requirements on this please??

Thanks so much for your help. We are still living in Australia, and our house is on the market. I will be leaving Australia to go to USA on my own in 5-6 weeks, at the beginning of February. I will start setting us up with a house, a job, a car etc. Hubby will remain in Australia until his interview and then head over to be with me. I am hoping to get this part finished so it isn't months and months of us being apart.

Answers in bold and red.