Form I-485 RFE twice .. please help

[dai2403 0]

Hi everyone . I started the AOS in august , I came to the US under a K1 visa and when I applied for my k1 , i didnt need a co sponsor but after moving here, me and my husband moved to another state to live with his parents so he had to quit his previous job, right now he is not making enough money so we needed a co sponsor in this case, his step father. I sent everything for the AOS . For my husbands form form 864 , i attached , w2, tax return, pay stubs all I could , and also sent a 864A ( because we live in the same house, so I thought the 864A was the correct form in this case)for his step dad with his last tax return , all his pay stubs, w2... after 2 weeks i got an RFE saying :

" submit all supporting tax documentation(w2 , and all supporting tax schedules )

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year "

and after that , they say that the income didnt meet 125% of the poverty guideline . Which i already knew , thats why I sent the co sponsor's information..

The RFE said that i had 2 options , send my husbands papers again proving that he makes enough , or obtain a Joint sponsor .. but oh my God " i already had a co sponsor " so whats the problem??

Then I sent my co sponsor's again and AGAIN i got a RFE , i dont know what it is because i havent got the letter yet but im afraid bwcUse im sure its about the co sponsor,

Im lost , can anyone help me with this , im so confused. I thank everyone for the help.

[EM_Vandaveer 2,417]

We cannot help you without knowing what the 2nd RFE is asking for.

[p-ana 933]

What did you send in your original package?

What was written in the first rfe and what did you send as a response?

What's written in your new rfe?

[dai2403 0]

P-ana the first package For the for my husbands 864 i sent his tax return frim 2015, w2, 6 pay stubs, birth certificate And his his driver license plus a copy of his passport .. i already knew that he doesnt make enough so I sent a 864a for his step father( i thought the 864a was correct because he lives in the same house ) plus birth certificate, pay stubs, w2 , tax return from 2015, and they gave me an RFE saying that my husband doesnt make enough so i would need a sponsor but i already knew that

And the. I sent all the papers for the co sponsor again this time i sent his and also a 864a for his wife who is in his tax return and again the gave me a RFE

[dai2403 0]

Im really afraid of being denied , ive bee dating my husband for 5 years and now that we are together im having a hard time . Im desperate. I need to work . I want to start my life . Im doing all I can but I dont know whats wrong

I was think that it might be the form , maybe my co sponsor should fill out the form 864 not the form 864a . I really dont know because we live in the same house , he makes over 60 thousand , and we are 4 people . Me , husband and his parents .

[p-ana 933]

Agreed. Sponsor should fill in a i864. Make sure both the sponsor and your husband fill in the i864 form, send tax transcripts (better than the return), w2, recent pay checks, letter from employer if possible. Also check the household size, your husband shouldn't be counted on your sponsors, since he's not a dependent but only live in the same house.

Get them to read the forms instructions carefully and do the erase arch themselves, you can't afford to have another rfe.

Best of luck

[Jojo92122 1,924]

I-864 for your husband as the petitioner/sponsor.

I-864 for your father-in-law as the Joint Sponsor.

I-864a from your father-in-law's wife as the Joint Sponsor's household member.

All with complete tax returns, W-2s, proof of citizenship, etc.

Edited October 5, 2016 by Jojo92122

[dai2403 0]

Joint sponsor must meet the guidelines on their income alone.

Petitioner completes I 864 even though they dont meet the guidelines

Joint sponsor completes their own I 864 and submits tax transcript for the last tax year, W2 and proof of current ongoing income, usually 3 payslips, and proof of US citizenship..passport or birth certificate.

Thats exactly what I did

My husband who is mu sponsor completed the 864, his step father completed the 864A , his step dad lives with us so I thought he would have to complete the 864a and sunce his wife is in his tax return i had her complete the 864a as well and attached all the documents possible.

[dai2403 0]

I guess Im wrong for having my co sponsor ( his step dad) completing the form 864a , i heard he would have to complete the 864a because he is part of the household size.

[dai2403 0]

ANd I dont know whats in the bew RFE since O havent got it yet but Im sure the problem is my 864 affidavit of support , all my other documents are ok

[Jojo92122 1,924]

I guess Im wrong for having my co sponsor ( his step dad) completing the form 864a , i heard he would have to complete the 864a because he is part of the household size.

You heard wrong.

You are making the mistake that your in-laws are part of your and your husband's household just because you are temporarily living together.

Your FIL is not a part of your or your husband's household. He needs to file an I-864.

[dai2403 0]

Jojo92122

Thats what I was thinking, i havent got the second letter yet but since Im sure the problem is with my co sponsor again , i will just complete a form 864 for my co sponsor e a form 864a for his wife because his wife is in his tax return .

[KayDeeCee 4,896]

You heard wrong.

You are making the mistake that your in-laws are part of your and your husband's household just because you are temporarily living together.

Your FIL is not a part of your or your husband's household. He needs to file an I-864.

It is not a mistake. If you reside with your parents, then they most certainly can be considered a household member for submitting an I-864A. Read the instructions >

Who May Be Considered a Household Member for Purposes of Form I-864A?

For purposes of this contract, a household member is:

1. A U.S. citizen, lawful permanent resident, or U.S. national relative who has the same principal residence as the

sponsor and is related to the sponsor as a spouse, adult child, parent, or sibling;

But yes, the parent would not be counted in his household size unless he claimed him as a dependent on taxes, or he filed the I-864A. And no, someone living in the same residence is not required to file an I-864A instead of being a joint sponsor.

All that being said, dai2403, I would have the step father be the joint sponsor instead of household member. Have him fill out an I-864 and his wife fill out an I-864A to go along with his I-864. Provide their joint IRS transcript, proof of being a USC or LPR, and proof of current income with a letter(s) from employer(s) and their last 6 pay stubs.

You must provide a complete tax return with all forms, schedules, attachments, W-2s and/or 1099s, or an IRS transcript. They will always send an RFE if they do not have the complete return. You cannot send just 1 or 2 forms if their return contained more than that. Using an IRS transcript does away with the need to worry about whether or not you included everything.

Also, when using the I-864A, you would have needed to include proof of relationship between the sponsor submitting the I-864 and the qualifying household member submitting the I-864A, plus proof of having the same residence.

Edited October 5, 2016 by KayDeeCee

[dai2403 0]

Kaydeecee

Then I should have my co sponsor(his step dad) complete the 864 insted of 864a , i already sent his wifes 864a with jer tax return from 2015, pay stubs, and birth certificate . I am afraid because I dont think they will give me a third chance , but i will just do what you guys told me to do . I will let you know what the RFE letter says as soon as i get it .

[KayDeeCee 4,896]

Kaydeecee

Then I should have my co sponsor(his step dad) complete the 864 insted of 864a , i already sent his wifes 864a with jer tax return from 2015, pay stubs, and birth certificate . I am afraid because I dont think they will give me a third chance , but i will just do what you guys told me to do . I will let you know what the RFE letter says as soon as i get it .

If you already sent in an I-864A for the mom too, then that was to go with your husband's(the USC petitioner/sponsor) I-864. Redo it. Have the step father supply hos own separate I-864 as joint sponsor, and his wife supply an I-864A as his(her husband's) household member. Supply all the required documentation again for both the I-864s and I-864A from mom.

I suggest getting it all together after your second RFE comes, then ask here on VJ before mailing off your response, listing what the RFE asks for and what you are sending, to make sure you are answering the RFE correctly and including what you need to.