RFE

[jamifahad 0]

Hi Guys,

I am the applicant and my mother (LPR) is primary sponsor. My mother filed I-864 and my mother's brother (US Citizen) filed I-864a since they both share same address. They live together. I received below RFE.

"The household member submiteed form i-864A, contract between sponsor and household e=member. To be considered as a household member, the individual must be listed as a dependent on the sponsors federal income tax return, tax return OR must reside at the same principal address as the sponsor AND be related to the sponsor as a spouse, adult child, parent or sibling.

submit evidence that the household member is listed as a dependent on the sponsors federal income tax return

OR

Submit that the household member resides at the same principal address as the sponsor AND is related to the sponsor as a spouse, adult child parent or sibling..

then it says if you decide to obtain a joint sponsor they need to file i-864a etc etc..."

If I understand correctly, I need to send utility bill of my uncle (household member). Am I correct? Also, how do i establish that my mother and brother are related? Birth Certificate Copy May be?

Please help. Thank you.

[NancyNguyen 1,657]

Same address but they have different tax returns, they are not contributing income to family income. you misunderstood I-864A completely. Your mom signs I-864 as main sponsor, and your uncle sign I-864 as joint sponsor. His spouse (if any and files tax jointly) sign I-864A with him.

[jamifahad 0]

I should mention that the letter which I received from USCIS has below line highlighted and my uncle's name clearly hand written next to it

Submit that the household member resides at the same principal address as the sponsor AND is related to the sponsor as a spouse, adult child parent or sibling.. (Uncle's Name-Hand Written)

[NancyNguyen 1,657]

I should mention that the letter which I received from USCIS has below line highlighted and my uncle's name clearly hand written next to it

Submit that the household member resides at the same principal address as the sponsor AND is related to the sponsor as a spouse, adult child parent or sibling.. (Uncle's Name-Hand Written)

Do they file tax separately? If yes, rfe messed up because of your messed up i864 and i864a.

[jamifahad 0]

My mom doesn't file income tax because she has no income.

[aleful 1,905]

hi

because they aren't combining income, the correct form should have been the i864 for your uncle

I'm not sure if they will accept the i864A but with the i864A, the household member has to send proof of relationship to the sponsor, both birth certificates to prove they are siblings, and proof of same address, correspondence or bills with the same address

the purpose of the i864A is to combine income with the sponsor, if the sponsor doesn't have any income, then the other person would be the joint sponsor, since that person would anyway qualify on his or her own, filing the i864

[jamifahad 0]

Oh, I guess it is too late. I asked around in this forum and read that what I was doing is acceptable. Sucks :-(

I will just send what they need in RFE.

Is this correct documents to meet RFE

1) uncle's driver's license - proof of address

2) Affidavit that my mother and uncle are indeed brother and sister (they both don't have birth certificate since it wasn't mandatory for people born before 1960 to have one).

please help. Thank you so much.

[NancyNguyen 1,657]

You can't force them to accept a visible mistake, another RFE is expected. You need to do right way, which submit fresh I-864 by your uncle along with his income proof, gc/passport copies. Is he married? If yes, did they file tax jointly? If yes, his wife needs to do I-864A.

You need to write an explanation letter telling them why you submit new I-864 joint sponsor.