**Urgent Please help** Tax return for sponsor who is unemployed

[Marrienne 112]

Thank you all so much!!!

We e-mailed them a scanned, signed copy of a similar letter like 3rd provided above but we haven't heard back on the I-864A.

I fear that because my in laws file taxes together, even if my father in law makes enough on his own, they will need the I-864A from my mother in law. As you said, the key is the word "jointly".

We mailed the Embassy and politely asked them, in light of the medical expedite we requested (with the appropriate medical papers included to prove our claim), if they would go ahead and book a slot for the interview and by the time this rolls around, we will have gotten the form they are missing.

They have a signed affidavit from both the joint sponsor AND his wife, detailing how we are immigrating, how they are sponsoring us and how both are in support of this and how they have bought us a house to live in and what other steps THEY have taken to help us while there.

I know it is a long shot but I keep reading about other Embassies requesting papers to be brought in at the day of the interview, while for us they are asking FOR EVERYTHING in advance before they even consider an interview date :/
Why is that?!?!?

[3rd 84]

As we used my husband's sister as our joint sponsor, we were worried that we'd need the I-864A for her husband too. We were advised not to provide it unless she didn't make enough to meet the requirements. So we didn't and there was never an issue. If you're already on shaky ground, I'd perhaps send it anyway just to rule out anything coming back to you again over something that you could easily provide. I know if we'd received an RFE for this I'd make sure to send an I-864A in response to cover my bases.

[N-o-l-a 7,167]

I know it is a long shot but I keep reading about other Embassies requesting papers to be brought in at the day of the interview, while for us they are asking FOR EVERYTHING in advance before they even consider an interview date :/

Why is that?!?!?

Could just be their policy or because you guys seem not to know exactly what paperwork is needed and they want to make sure you actually have what you need in advance.

[Marrienne 112]

Thanks guys.

Nolan we have already sent them all of the required documents and they asked for originals in advance and to bring nothing to the interview :/

They will not schedule the interview until all of our documents have first been scrutinized.

The problem is my father in law (sponsor) does not want to get his wife involved. He is worried in the case something happens to him the burden (if any as we both are looking for work) will fall on her and he does not want that.

Hence the whole issue arises

I am not sure I will get the document. If we can get of it he said it is preferable.

[Marrienne 112]

OK guys, I heard back from my father in law (sponsor). He only included assets and income that were solely HIS. My mother in law does not enter in the picture anywhere.
He makes x10 times the minimum they requested. He will talk to his lawyer on Monday he said, he really wants to avoid getting his wife liable as I've said but if they insist there might not be another way.

I will keep you posted!!

[Harpa Timsah 13,258]

OK guys, I heard back from my father in law (sponsor). He only included assets and income that were solely HIS. My mother in law does not enter in the picture anywhere.

He makes x10 times the minimum they requested. He will talk to his lawyer on Monday he said, he really wants to avoid getting his wife liable as I've said but if they insist there might not be another way.

I will keep you posted!!

But if they file taxes as married filing jointly, then the embassy might consider the money theirs. Signing this thing does not mean that they have to give you money. It means that if you got on welfare the government could sue to pay it back. In practice it's rather meaningless.

[Marrienne 112]

I have found MORE evidence why the Embassy is wrong in asking I-864A.

http://www.***removed***/affidavit-of-support/federal-income-tax-documents.html

If filling jointly but only want to use YOUR income and NOT fill out an I-864A, it gives instructions. My Father in law did ALL this and has proven income x10 as their minimum.

They are out of line asking us for more evidence like that!

[3rd 84]

They are out of line asking us for more evidence like that!

When it comes to immigration, nothing is out of line.

[Marrienne 112]

When it comes to immigration, nothing is out of line.

I absolutely, ABSOLUTELY, understand it is THEIR game and I need to jump through their hoops I get that. I have provided them with everything they wanted and more. We are covered completely by US laws and regulations.

Why would they FORCE my mother in law to sign something she does not want to sign when as *their* regulations, she can get out of????

They say it themselves, if the sponsor makes enough on his own, he does NOT need his wife's consent even if they are filling together.

If my father in law only wants his neck to be on the line **and is with all their rules legal and right on to do so** why force her to sign????

** makes enough and has sent ALL supporting evidence and then some to prove that he does!! The form was completed with the help of a competent immigration attorney according to US laws and regulations. How is the Embassy not in breach of those?

[Marrienne 112]

My husband says it is one thing to ask us for the paperwork in advance. It is one thing to ask us to translate documents in 3 different languages (when in their instructions they only wanted it in English).
It is another thing all together to defy a US regulation.

He believes they only just glanced really quickly over the 300 pages of financial documents we sent them, didn't really look into anything else, just saw two people and no I-864A. I honestly believe it is an oversight on their part.

[3rd 84]

As I recall from your posts they haven't actually asked for an I-864A, have they? It's on the suggestion of people from the forum.

No, you should not have to furnish them with an I-864A based on the regulations, but I'd do it just to stop any further hold up. You FIL and MIL file their taxes jointly, so either way she'll be impacted by the I-864 if anything happens regardless, as she's married to your FIL. I'm a little confused why she wouldn't want to complete it and sign it if she's happy that your FIL is doing it anyway.

Either way, as much as you both might be annoyed, you have to suck it up and provide what they require you to provide or face refusal. Unfortunately each embassy is different too, so it might be that these are all required up from because they don't process them during the interview? I can't say for sure, just speculating.

[Marrienne 112]

No they asked for two things: My husband's 2015 tax return (which they changed to: sign a paper why you didn't file one and they accepted that) and the I-864A.
I have a notion of why he doesn't want to put her in the line of fire. He thinks if something happens to him, he feels she can't handle it.

I can't force my in laws to sign something they don't want
He instructed us to see if we can avoid it on reasonable and legal grounds (which we totally are covered by).

If not they WILL sign it they said but not until we have tried our best to avoid it.

I am just the middle man here Unfortunately the Embassy will not talk to anyone but my husband about our cases so my FIL cannot call and talk to them.

[3rd 84]

I understand any reservation, but this is seriously holding up an already dire case when your husband has such extensive diabetic urgency. Obviously the I-864 hold financial responsibility until you either become a USC, work 40 quarters, leave the USA and give up your green card, or die. Obviously if you started using up government funds for healthcare and various other things, your FIL would be held liable for recouping the cost.

If they've specifically asked for the I-864A, there would be a reason. Like I've said previously, I never supplied one for my SIL's husband and we were never asked for one (and we account for her, her husband, her son, and me), so there might be a discrepancy in the I-864 form from your FIL?

[Marrienne 112]

You are absolutely right and I don't know on what grounds they are asking for one. I am sure I will be told next week

They have made several errors so far s8nce January but all have been corrected. I.e. at first they thought a paragraph was missing in my husband's divorce decree translation. It wasn't.

Then they thought there must have been a Greek translation (document was in German) and it took some talking to and pointing out it clearly stated it was a direct translation from German.

I mean they keep giving us wrong RFEs ,4 so far actually and we keep correcting them and they are like "oh...yeah ok".

So it would not be the first time for them to mess up.

I wish my FIL would just send the documents but he wants us to fight fist :/

I will keep you posted!

[EmilyW 1,434]

From your other posts, your husband is a Type II diabetic off his medication, seriously unwell, and your Father In Law wants you to fight having to include his wife on your documents? That's his cause for resistance? Should he not be moving heaven and earth to get his son home?