I-864 question (merged)

[quesma 10]

Hi VJs. I have two questions:

1. I came here on K1 visa and got married to my wife within 90 days and applied for AOS. We sent form I-485 along with I-864 Affidavit of Support from our joint sponsor who is my wife's brother. However we got a yellow letter stating that USCIS needs more evidence. What they asked for is that my wife will have to submit I-864 too and that our joint sponsor needs to submit his "complete Federal income tax return submitted to the Internal Revenue Service for the most recent tax year" I need to ask what specifically do I need to ask my joint sponsor to send?

2. Since we got this letter and our Adjustment of status case in on hold, will it delay my EAD too (applied for EAD with form I-485). Is EAD dependent on AOS application?

Please help. Thanks.

[vpalermo85 62]

Hi VJs. I have two questions:

1. I came here on K1 visa and got married to my wife within 90 days and applied for AOS. We sent form I-485 along with I-864 Affidavit of Support from our joint sponsor who is my wife's brother. However we got a yellow letter stating that USCIS needs more evidence. What they asked for is that my wife will have to submit I-864 too and that our joint sponsor needs to submit his "complete Federal income tax return submitted to the Internal Revenue Service for the most recent tax year" I need to ask what specifically do I need to ask my joint sponsor to send?

Even though you have a joint sponsor as the primary sponsor, your wife still needs to submit the Affidavit of Support since she is the primary reason you're able to adjust your status from a K1. I had to the do the same thing for my husband even though we have someone else taking on the burden. I showed what assets I had and then included a letter from my bank stating the current funds in my account and then I showed the joint sponsor's separate Affidavit of Support with the income that can easily cover the responsibility. You should ask your wife's brother for either his 2015 Federal Income Taxes Filing (without the State Tax section) with W2s OR you can order a tax transcript from the IRS to satisfy the requirements. Some people include 3 years worth of the most recent federal income taxes but one is sufficient unless your wife's brother has a job that isn't based on a salary ie. commission based or hourly based.

2. Since we got this letter and our Adjustment of status case in on hold, will it delay my EAD too (applied for EAD with form I-485). Is EAD dependent on AOS application?

It shouldn't hold up your EAD as that is a separate filing from the AOS itself. Your AOS application was forwarded to a local office while the EAD should be at MSC/National Benefits Center

Hope that helps!

Please help. Thanks.

Edited July 1, 2016 by vpalermo85

[quesma 10]

HI, I came here on K1 visa and married my fiancee (now wife) within 90 days and applied for Adjustment of Status. However, when our Joint Sponsor filled the I-864 form he made a mistake on the "Part 5. Sponsor's Household Size" and failed to mention one dependent. He has shown the total dependents as 3 whereas the correct number should have been 4. We got an RFE and were asked by the USCIS to submit our joint sponsor's Federal Income Tax Return and we believe we got this RFE because they are confused about the household size of our joint sponsor (because of the mistake). Now what do I do? should I send a brand new form I-864 from our sponsor or just send what USCIS asked for? I am afraid if we don't send a brand new form we will get another RFE when they will know the mistake is for sure, which will delay my EAD card which I am desperately waiting for. I am confused. Please help.

[Penguin_ie 5,995]

Send a corrected I-864 as well as the tax returns, with a short cover letter.

[quesma 10]

Send a corrected I-864 as well as the tax returns, with a short cover letter.

Thanks. What should I mention in the cover letter? Please advise. Thanks.

[aaron2020 11,651]

Thanks. What should I mention in the cover letter? Please advise. Thanks.

Mention there was a mistake in the JS's I-864 showing a household of 3. You are sending a corrected I-864 showing a household of 4.

[quesma 10]

Hi Everyone,

I am very confused about the I-864 form. Let me try to explain this as simply as possible:

I am the intending Immigrant and my wife is Sponsor and her brother is our Joint Sponsor.

My wife was our Joint Sponsor's dependent on his most recent taxes. He is married and has no children. So based on this we have written his household size as 4: Himself, his wife, his sister (who is her dependent and my wife) and me (sponsored Immigrant).

Now, my wife is a Sponsor so she is filling I-864 for me and her household size is written as 2: Herself and me.

Now here are my questions:

1. My wife is being counted twice (once on each of the two forms). Would that be a problem?

2. When I will get my EAD and start earning, I will put my wife (who is unemployed) as my dependent and her brother will not do that from the next year. Can I do that since she is my sponsor?

3. If I can show her my dependent next year, should we even count her on our Joint Sponsor's I-864?

Too confused, please help.

[aleful 1,905]

hi

your income will never count, so your brother in law will only be off the hook when you become a USC in over 3 year, your income doesn't matter for immigration purposes,

you will count her as your dependent for tax purposes, but for immigration nothing changes. there is no change in the affidavit of support until you become a USC

[quesma 10]

HI VJs,

I came here on K1 and married within 90 days. I sent in my I-485 in May and got an RFE this month. It says I need to submit JS's federal income tax return submitted to IRS. Our Joint Sponsor is my brother-in-law and my wife (who is his sister) is a dependent on his most recent tax return. But here is the confusion: By mistake he failed to mention my wife as his dependent in the form I-864 and probably that is why they asked for additional evidence stated above. Now we are planning to send another corrected I-864 and show my wife as his dependent.

My wife has been a full time student till 2015 and she never got a job and has never filed taxes. She is using Medi-Cal and I am afraid if USCIS will find out she was a dependent on my brother in law and since she was using Medi-Cal (medicaid) she could get in trouble because my brother in law earns well (70k). Will it be a problem? I have heard you are not eligible to get Medi-Cal in your household income is sufficient. Too confused.

Please help.

[quesma 10]

More detailed answers needed

[feli114 65]

If she has never filed taxes, she will need brother in law for a sponsor. For Medicaid, she probably isn't considered his defendant.

[quesma 10]

My wife (my sponsor) was my brother in law's (who is our joint sponsor) dependent on his most recent tax return. Currently she is not dependent on him this year and she is living with me. Should our joint sponsor (my brother in law) count her in the household size and show her as dependent in the Joint sponsor form I-864?

Thanks.

[aleful 1,905]

hi

yes, if she was his dependent last year, which is the most recent tax year, then yes, she should appear on his i864, for prior tax years

[quesma 10]

hi

yes, if she was his dependent last year, which is the most recent tax year, then yes, she should appear on his i864, for prior tax years

Thanks. My JS made a mistake. He failed to count my wife on his I-864. My wife was his dependent on his last years taxes. I dont know what to do. We got an RFE and were asked for our JS's most recent federal income tax return submitted to IRS. I think this RFE came in because of this mistake. What should we do? We have not replied to the RFE yet.