I-864 RFIE, SSA Income, Representative Payee

[Mr Geminian 691]

Hey guys...I received a RFIE and would request you all to help me

 

My wife receives SSD benefits (so that's her only income) and she's also a representative payee for her nephew whom she has a court custody and so his SS also comes to her. During my K1 visa interview in March 2017 where we have to provide I-134 Affidavit of Support she did send in her SSA-1099, her nephew's SSA-1099 and she also sent in my father-in-law's SSA-1099 ...BUT she did not manually total up all three incomes on I-134...she only added her SS and her nephew's SS which was about $29000 and she wrote the same on """3. My Total Annual Income is- $29,000"""and on I-134 they did not ask how many household members etc.... If she had added my father-in-law's SS as well then it would have been $40,000 +..Anyways...my K-1 was approved and here I am in the US...

 

One mistake what we have done is, for I-134 she directly said her total income is $29,000 and sent her's and her nephew's SSA-1099's and got approved but now she has individually mentioned incomes as seperate as they asked for household income..so in her income she put $XXXX, nephew's income as $XXXXXX and father-in-law's income as $XXXXXX and we already sent in father-in law's I-864A but didn't send in the nephew's I-864A as we thought it comes under her income as she's a representative payee...and also we did the same during I-134 so thought his I-864A is not needed.

 

On the instructions page this is what I saw..

"Signature. Each contract must be properly signed and filed. For all signatures on this contract, USCIS will not accept a stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may sign the contract on your behalf. A legal guardian may also sign for a mentally incompetent person.

If you are under guardianship, your legal guardian may print your name and sign Form I-864 for you. “Legal guardian” includes any person who is appointed and authorized by law to protect your estate as a result of your incapacity. The legal guardian must present proof of the appointment as legal guardian of your estate and a copy of an order from the appointing court or agency specifically permitting the guardian to make your income and assets available for the support of the sponsored immigrant."

 

 

Right now we have sent in all 3  SSA-1099s statements with AOS and now the total household income is $40,000+..Now my question is

1. When they accepted her SS and her nephew's SS combined annual income for I-134, will they accept the same now as well for I-864?

2. The nephew am talking about is 17 years of age and so he cant sign I-864A..what do I do? (they requested for his I-864A in RFIE)

[EvieMN 105]

Well, it says in the instructions that the legal guardians signs so I guess your wife will sign for your nephew?

No one can say if they're going to accept it or not.

I-134 is not legally binding while the I-864 is, so there might be more scrutiny, hence the RFIE.

Provide everything you can and you should be fine!

[Mr Geminian 691]

@geowrian @Hypnos @Georgia16 @Ebunoluwa @N-o-l-a...guys can your put in some inputs please? Thanks

[Mr Geminian 691]

1 hour ago, EvieMN said:

Well, it says in the instructions that the legal guardians signs so I guess your wife will sign for your nephew?

No one can say if they're going to accept it or not.

I-134 is not legally binding while the I-864 is, so there might be more scrutiny, hence the RFIE.

Provide everything you can and you should be fine!

Thank you and yes she will sign that form but does she need to take permission from SS to use nephew's income for I-864 ?

[Mr Geminian 691]

@pushbrk @Ryan Hcan you please help me?

Edited December 19, 2017 by Aviinashh

[Hypnos 6,579]

No idea. 

[pushbrk 13,268]

On 12/18/2017 at 10:33 PM, Aviinashh said:

 

If you are under guardianship, your legal guardian may print your name and sign Form I-864 for you. “Legal guardian” includes any person who is appointed and authorized by law to protect your estate as a result of your incapacity. The legal guardian must present proof of the appointment as legal guardian of your estate and a copy of an order from the appointing court or agency specifically permitting the guardian to make your income and assets available for the support of the sponsored immigrant."

 

 

Right now we have sent in all 3  SSA-1099s statements with AOS and now the total household income is $40,000+..Now my question is

1. When they accepted her SS and her nephew's SS combined annual income for I-134, will they accept the same now as well for I-864?

2. The nephew am talking about is 17 years of age and so he cant sign I-864A..what do I do? (they requested for his I-864A in RFIE)

Follow the legal guardian signing instructions and provide an I-864a from the nephew.

[Mr Geminian 691]

10 minutes ago, pushbrk said:

Follow the legal guardian signing instructions and provide an I-864a from the nephew.

Thank you sir.....According to USCIS i have to add ALL household members in the house (Which includes 17 year old nephew). He gets his SS Survivor benefits and that was the same amount she included with her income in the I-134 for K1 visa.

 

My question is

1.Can she include her nephew's SS Survivor's benefits as total household income too?

2. If I should NOT include his SS Survivor's Income then should i remove him from the household list?

Edited December 21, 2017 by Aviinashh

[pushbrk 13,268]

18 minutes ago, Aviinashh said:

Thank you sir.....According to USCIS i have to add ALL household members in the house (Which includes 17 year old nephew). He gets his SS Survivor benefits and that was the same amount she included with her income in the I-134 for K1 visa.

 

My question is

1.Can she include her nephew's SS Survivor's benefits as total household income too?

2. If I should NOT include his SS Survivor's Income then should i remove him from the household list?

1. yes.  That's WHY they are asking for the I-864a. 

 

You are over-thinking this.  You would not add household members who do not have income, unless the primary sponsor is actually responsible for supporting them.  It's one thing to be counted in household size and another to be a household member whose income is being used to sponsor.  If the primary sponsor's personal income is sufficient, do not state any income from household members or provide I-864a from them.  Just count them in the total household size. For example,  "Dad" is only counted in household size if using his income to qualify, but the nephew is counted BECAUSE she is responsible for supporting him.

 

The I-864 is the most complicated issue in the process.  It's best to get it right the first time.  It need not be consistent with the previous I-134.

 

 

[Mr Geminian 691]

 

 

[Mr Geminian 691]

3 hours ago, pushbrk said:

1. yes.  That's WHY they are asking for the I-864a. 

 

You are over-thinking this.  You would not add household members who do not have income, unless the primary sponsor is actually responsible for supporting them.  It's one thing to be counted in household size and another to be a household member whose income is being used to sponsor.  If the primary sponsor's personal income is sufficient, do not state any income from household members or provide I-864a from them.  Just count them in the total household size. For example,  "Dad" is only counted in household size if using his income to qualify, but the nephew is counted BECAUSE she is responsible for supporting him.

 

The I-864 is the most complicated issue in the process.  It's best to get it right the first time.  It need not be consistent with the previous I-134.

 

 

Yes sir totally understand it. 

You are right..am over thinking and to be honest am practically pulling my hair !!!...Am giving the right numbers. We are four members in the house. Myself, my wife, father-in-law and the teenage nephew. According to 2017 HHS poverty guidelines if the household members are 4 then the annual income should be $30,750

 

My Wife's annual SSDI is $10,128

My father-in-law's annual SS retirement benefits is $13,248

My wife's 17 year old nephew's annual Survivor's benefits is $18,960. My wife(legal guardian) is the representative payee for him.

 

So the total annual household income is $42,336 (so we meet the number) but if you see the first point on the pink RFIE the first thing they mentioned was the income didnt meet 125% of poverty guideline. That's what confused me a lottt. The 3 other things mentioned in the RFIE is understood which is the nephew's I-864A & Father-in-law's address proof & letters explaining why they didn't have to file tax return.

Edited December 21, 2017 by Aviinashh

[pushbrk 13,268]

So you are no longer confused.  Right?

[pushbrk 13,268]

So you are no longer confused.  Right?

[Mr Geminian 691]

5 hours ago, pushbrk said:

So you are no longer confused.  Right?

Just a lil bit. I was wondering why they had to say we didn’t meet 125% when we actually meet. 

[pushbrk 13,268]

8 hours ago, Aviinashh said:

Just a lil bit. I was wondering why they had to say we didn’t meet 125% when we actually meet. 

Notice they checked every box.  You don't meet the 125% BECAUSE you submitted no I-864a for the nephew AND no evidence the father lives in the same house.  Frankly, now that I've read the actual request and thought about it  more, I would submit an entirely new I-864 showing your wife and the nephew's combined income as HER income.  Since he is her dependant, it is HER that receives income.  Just as it would be her income if it were child support.  Then submit only the father's new I-864a.  (Just print the first one again and have him sign again.)  Then provide evidence he resides in the same house.  Copy of driver license with same address, utility bill etc.

 

You don't meet...because insufficient evidence was submitted to demonstrate that you DO MEET...