RFE for adjust status of my wife K1 visa

[Villanelle 4,121]

Of course they see your address! Why wouldnt they? But as explained simply living in the same house does not make everyone a household for 864 purposes. You can have 2 or 3 different 'households' all residing at the same physical address. Based on what you posted MIL did use the correct household size of 2 on the 864 as a co-sponsor appropriately. Just make sure to update your address as soon as you move with the Ar11 and to do a change of address with the post office as well.

[Teacake 76]

14 minutes ago, Villanelle said:

Of course they see your address! Why wouldnt they? But as explained simply living in the same house does not make everyone a household for 864 purposes. You can have 2 or 3 different 'households' all residing at the same physical address. Based on what you posted MIL did use the correct household size of 2 on the 864 as a co-sponsor appropriately. Just make sure to update your address as soon as you move with the Ar11 and to do a change of address with the post office as well.

Thank you so much. I will do that. Fingers crossed (for OP, too). 🤞🏻

[ako_si_momo 1]

1 hour ago, carmel34 said:

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.

i neeed from my co-sponsor

fill up form i-864A
social security #
w2
3-6 months recent pay stubs
IRS tax transcripts

does the employment letter really necessary?

[ako_si_momo 1]

1 hour ago, Villanelle said:

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. 

 

ok heres what i did.

Part 5. Sponsor's household size

Note: Do not count any member of your household more than once.

 

Person you are sponsoring in this affidavit:

 

1. Provide the number you entered in part 3. (i put 1)

 

Person NOT sponsored in this affivadit:

2. Yourself (i put 1)

3. if you are currently married, enter "1" for your spouse. (i put 1)

4/ if you have dependent children, enter the number here ( none)

5. if you have any other dependents, enter the number here (none)

6. if you have sponsored any other persons on form i-864 or form i-864EZ who are now lawful permanent residents enter the number here (none)

7.OPTIONAL: if you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting form i-864A, enter number here (i put 2) for my mom and brother

8. add together part 5, item 1. - 7 and enter the number here ( Household size: 5) which is the poverty guidelines of  "$37,712"

 

so on the part 6 i filled up the form about my "current" employment which is not the same employment i sent from my last year w2 form and my mom and brother income information and it totaled way more than the poverty guidelines of 5 house hold member. 

 

so im guessing i submitted the wrong from instead of i-864a, i filed the i-864? i really dont remember anymore. i should have made a copy. but anyway to make things right

heres all the things i need from my co-sponsor right?

fill up form i-864A ( for my sister, to make sure she declares her children as her dependents)
social security #
w2
3-6 months recent pay stubs
IRS tax transcripts

 

and i probably need to re-submit my own i-864 form right?

[Villanelle 4,121]

3 hours ago, ako_si_momo said:

 

ok heres what i did.

Part 5. Sponsor's household size

Note: Do not count any member of your household more than once.

 

Person you are sponsoring in this affidavit:

 

1. Provide the number you entered in part 3. (i put 1)

 

Person NOT sponsored in this affivadit:

2. Yourself (i put 1)

3. if you are currently married, enter "1" for your spouse. (i put 1)

This is incorrect. Please note the part about do not count anyone twice. Your wife is the intending immigrant, so she is counted there and NOT counted under spouse. The box for spouse exists for situations like if your mom was filling out the 864 as a co-sponsor. She would count her spouse and the intending immigrant. For you- they are the same person and are only counted once as the immigrant.

 

 

3 hours ago, ako_si_momo said:

4/ if you have dependent children, enter the number here ( none)

5. if you have any other dependents, enter the number here (none)

6. if you have sponsored any other persons on form i-864 or form i-864EZ who are now lawful permanent residents enter the number here (none)

7.OPTIONAL: if you have siblings, parents, or adult children with the same principal residence who are combining their income with yours by submitting form i-864A, enter number here (i put 2) for my mom and brother

While its great that you have multiple people willing to help sponsor, please keep in mind that each person you add as a household member to use income from also increases the total household size. So if the numbers need you to include both mom and brother that is fine but you might not need to include them both.

 

Cant you just do you+immigrant +brother= 3? You would fill out the 864 and brother would do 864a. (or you could do your own 864 and not qualify and have brother do 864 as co-sponsor for 2)

 

When using the 864a you also need to submit proof of relationship and shared address. If you are still finding this too confusing you may need to hire an attny to help you as there are various ways to fill it out correctly depending on the numbers and specifics. 

[ako_si_momo 1]

1 hour ago, Villanelle said:

This is incorrect. Please note the part about do not count anyone twice. Your wife is the intending immigrant, so she is counted there and NOT counted under spouse. The box for spouse exists for situations like if your mom was filling out the 864 as a co-sponsor. She would count her spouse and the intending immigrant. For you- they are the same person and are only counted once as the immigrant.

 

 

While its great that you have multiple people willing to help sponsor, please keep in mind that each person you add as a household member to use income from also increases the total household size. So if the numbers need you to include both mom and brother that is fine but you might not need to include them both.

 

Cant you just do you+immigrant +brother= 3? You would fill out the 864 and brother would do 864a. (or you could do your own 864 and not qualify and have brother do 864 as co-sponsor for 2)

 

When using the 864a you also need to submit proof of relationship and shared address. If you are still finding this too confusing you may need to hire an attny to help you as there are various ways to fill it out correctly depending on the numbers and specifics. 

 it probably be easy for me to ask them to fill up the i-864a since i think the one i files was i-864 and they still asked me for RFE. so if they fill up the 864a, i just need to put a copy of any mail they get under their name with the same address as mine and my wife right? And that would also be a proof of relationship with my mom/brother and my sister right?

[K1visaHopeful 2,775]

On 11/6/2019 at 2:23 PM, ako_si_momo said:

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.

Yes.

The I864 and I864a instructions from the USCIS website.

It will tell you exactly what financial documents you will need to submit for each blank you fill out and for each type of income or assets.