RFE for adjust status of my wife K1 visa

[ako_si_momo 1]

hello, i just got a question real quick, i might have submitted the wrong form during the filing of my wife's adjust status..

 

so anyway, what happened was my 1st (since i got back in the united states) and recent tax return was not enough to cover the poverty guidelines for me to petition my wife. so i asked my brother and mom to be my joint sponsor which they filled the same form as i did which is the i-864.

and amount should have covered the poverty guidelines. but for some reason i received an RFE saying "based on the documents submitted with form i-864. affidavit of support, for the petitioning sponsor, the income did not meet 125% of the federal poverty guideline for the petitioning sponsor's household size"

 

so my question is..

 

my parents (dad and mom)

brother

sister and brother in law ( my sister's husband) and their 2 daughters

myself and my wife 

lives in the same house. when i first submitted my wife's adjust of status. my brother and my mom were my co sponsor and they submitted the form i-864. i dont know if it was suppose to be the i-864a instead of i-864.

 

so now my sister told me that should also like to be my co sponsor and i wanted to know which form should my "mom", "brother" and "sister" submit? 

it is the i-864a or i-864? and once my sister fill up the form, should her husband also submit the same form? since shes married to him? please i just need help and i want to make sure i submit the right form and meet the poverty guideline. thank you

[K1visaHopeful 2,775]

You all live together so they would be your co-sponsors. Co-sponsors file I864a. 

Their income would appear on YOUR I864 as well in Part 6 Qu 8 through 19.

That would be another error if you did not do that too.

Could be an error in financial documents submitted for everyone too.

Very easy situation to fix if you understand the I864 and I864a instructions.

[K1visaHopeful 2,775]

I864a's are submitted based on induvidual income so your sister's income alone, not her husband's unless he is willing to be or has to be a co-sponsor as well because her individual income isnt enough on her own for her dependents plus beneficiaries. 

[Letspaintcookies 2,300]

Did you sent all the supporting documents of every sponsor? Like everybodys tax transcript and W2? If you missed something, like your brothers W2 than he wouldn't count anymore as a sponsor and so the whole thing wouldn't work anymore.   

[ako_si_momo 1]

1 hour ago, Letspaintcookies said:

Did you sent all the supporting documents of every sponsor? Like everybodys tax transcript and W2? If you missed something, like your brothers W2 than he wouldn't count anymore as a sponsor and so the whole thing wouldn't work anymore.   

yes i did i sent my mom and brothers w2 and ssn and submitted a i-864 form. i guess it should have been a 864a that i asked him to fill up

[ako_si_momo 1]

1 hour ago, K1visaHopeful said:

I864a's are submitted based on induvidual income so your sister's income alone, not her husband's unless he is willing to be or has to be a co-sponsor as well because her individual income isnt enough on her own for her dependents plus beneficiaries. 

shes making about 50-60k a year and they got 2 daughters. it should be enough right? and to co sponsor my wife

[Letspaintcookies 2,300]

Just now, ako_si_momo said:

yes i did i sent my mom and brothers w2 and ssn and submitted a i-864 form. i guess it should have been a 864a that i asked him to fill up

Also the recent tax transcripts? It's probably because of the forms then like @K1visaHopeful said.

 

 

[ako_si_momo 1]

1 hour ago, K1visaHopeful said:

You all live together so they would be your co-sponsors. Co-sponsors file I864a. 

Their income would appear on YOUR I864 as well in Part 6 Qu 8 through 19.

That would be another error if you did not do that too.

Could be an error in financial documents submitted for everyone too.

Very easy situation to fix if you understand the I864 and I864a instructions.

is there like some kind of guidelines i can look at on filling up the i864 on each part?
 and i think i submitted a i864 instead of i864a for my mom and brother.

[ako_si_momo 1]

1 minute ago, Letspaintcookies said:

Also the recent tax transcripts? It's probably because of the forms then like @K1visaHopeful said.

 

 

i think so. since we all filed for 2018 tax income at the same time.

what other tax documentation do i need to ask them for?

w2 and what else? because on the RFE it says something about "all supporting tax schedules" i dont know what those are?

[carmel34 3,587]

20 hours ago, ako_si_momo said:

is there like some kind of guidelines i can look at on filling up the i864 on each part?

Carefully follow the instructions for each form filled out.  Check and re-check everything, include IRS tax transcripts, W2s, six months of recent pay stubs, employment letters.

[Teacake 76]

I hope me chiming in here is allowed. Sorry if it isn’t, but I figured OP’s question has already been answered and mine is the exact same so it didn’t seem necessary to create an essentially duplicate post?

 

I’m worrying now because I also used an I-864 for my co-sponsor (mother-in-law).  But she doesn’t put any of her children down as dependents on her tax forms and although she, my husband and I live together at the moment, my husband and I will be moving to our own house before the end of December (and we filed in October, so surely USCIS won’t get to my case by then). I was already intending to file change of address forms for my husband (petitioner) and I after the move, so when we do this, the two of us and my mother-in-law will be considered different households, correct? Is it ok in the end that we did two I-864s or can we also expect an RFE?

Edited November 7, 2019 by Teacake

[Teacake 76]

37 minutes ago, Teacake said:

I hope me chiming in here is allowed. Sorry if it isn’t, but I figured OP’s question has already been answered and mine is the exact same so it didn’t seem necessary to create an essentially duplicate post?

 

I’m worrying now because I also used an I-864 for my co-sponsor (mother-in-law).  But she doesn’t put any of her children down as dependents on her tax forms and although she, my husband and I live together at the moment, my husband and I will be moving to our own house before the end of December (and we filed in October, so surely USCIS won’t get to my case by then). I was already intending to file change of address forms for my husband (petitioner) and I after the move, so when we do this, the two of us and my mother-in-law will be considered different households, correct? Is it ok in the end that we did two I-864s or can we also expect an RFE?

I’m sorry, I shouldn’t have posted here. If an admin could kindly delete my post, I will just create a thread of my own. Sorry again, just very stressed out.

[Villanelle 4,121]

Ok lets back up a bit here. Just because people live in the same house does not automatically make them a single household for 864 purposes. For a situation like yours - usually there are 2 options. Using them as household members or separate joint sponsors.

So we have the parents. Then theres the brother. Is the brother underage? Im guessing no.  Do the parents claim him as a dependent on their taxes? Im also going to assume they do not... Then you have sister+husband+2 children. I am assuming sister and husband file their own taxes (are not claimed on parents) And then theres you +immigrant. So you guys would have 4 tax returns (mom and dad, brother, sis+husband, yours). And no one is on any one elses return as dependents. All the adults are over 21. 

 

If all of that is correct:

 

Option 1- Using a co-sponsor. You file 864 for yourself + immigrant. Household size is 2. You do not qualify so you submit an 864 co-sponsor from someone who does. If its the mom, mom has to show she can support household size of 3, (mom, dad, + immigrant). Use the poverty guideline chart to see how much mom needs to show. Or the 864 can be from brother. Brother would only have to show household size of 2 for him + immigrant. If sister is used she has to show 5. (sis, husband, 2 kids, immigrant)

 

Option 2- Using a household member- You file the 864 for yourself + immigrant. Household size starts at 2 for you + immigrant. You dont qualify so you choose to use a household member on an 864A. Remember when you add a household members income you are also adding them to the total household size. So if brother fills out 864A you guys are now household size 3 and all your income combined need to meet the guidelines for 3. 

[Villanelle 4,121]

41 minutes ago, Teacake said:

I hope me chiming in here is allowed. Sorry if it isn’t, but I figured OP’s question has already been answered and mine is the exact same so it didn’t seem necessary to create an essentially duplicate post?

 

I’m worrying now because I also used an I-864 for my co-sponsor (mother-in-law).  But she doesn’t put any of her children down as dependents on her tax forms and although she, my husband and I live together at the moment, my husband and I will be moving to our own house before the end of December (and we filed in October, so surely USCIS won’t get to my case by then). I was already intending to file change of address forms for my husband (petitioner) and I after the move, so when we do this, the two of us and my mother-in-law will be considered different households, correct? Is it ok in the end that we did two I-864s or can we also expect an RFE?

Its ok to be stressed, its a stressful process! Take a look at the above I posted about the difference between household members and co-sponsors. It seems you guys did two 864s so thats using a separate co-sponsor. MIL needs to cover her household size + you. She would count any unmarried children she has under 21 unless they are over the age of majority (usually 18) and she also does not claim them on taxes. She would also include any one else she does claim on her taxes as a dependent and any spouse she has. So if all her children are either over 21 or over 18 and not on her taxes and she is unmarried the household size would be 2.

[Teacake 76]

12 minutes ago, Villanelle said:

Its ok to be stressed, its a stressful process! Take a look at the above I posted about the difference between household members and co-sponsors. It seems you guys did two 864s so thats using a separate co-sponsor. MIL needs to cover her household size + you. She would count any unmarried children she has under 21 unless they are over the age of majority (usually 18) and she also does not claim them on taxes. She would also include any one else she does claim on her taxes as a dependent and any spouse she has. So if all her children are either over 21 or over 18 and not on her taxes and she is unmarried the household size would be 2.

Thank you for being understanding!  All of her children are over 21 (my husband is her youngest at 24) and she is divorced. The household size on the I-864 I helped complete with her was two because it was just her and myself. My husband’s I-864 is also a household size of two because it includes he and I.

 

I have a bad habit of getting myself worked up but I really am concerned that I’ve screwed up terribly here by not using I-864a for my mother-in-law. I’ve re-read the instructions for it and am still confused as to whether or not that was the correct form for me to use, but as you kindly pointed out, living in the same house does not necessarily make one a household...right? The residence situation is what is tripping me up.  I don’t know if USCIS adjudicators can see the change of addresses when they look at a case.

 

I appreciate your help.

Edited November 7, 2019 by Teacake