Exactly what Tax Forms for I-864? RFE issue (merged)

[SalishSea 17,818]

1 minute ago, Kerri and Myles said:

Alright, a couple questions tho - what exactly do you think caused this RFE if current income is above the guideline?

 

From what I was thinking it could of been a couple of things, as the post above stated, them wanting to see stability, or maybe because I didn't send in the official IRS verification letter for non-file, just a hand-written explanation as why not having to file due to not high enough income those years?

 

The other question I have is the signature on the joint sponsors I-864 requires just the one signature of the sponsor, but I will be using my father, but on his Tax Transcript there will be both my father & mother, is just the one signature good?  Just making sure there is no room for error as both names being on tax transcript then the one signature on the joint sponsor I-864

As his household member, she will need to provide an I-864A.

[K + M 47]

6 minutes ago, Jorgedig said:

As his household member, she will need to provide an I-864A.

that form indicates:

"Use this form if you are a household member and want to promise to make your income and/or assets available to help support sponsored immigrants"

 

We only want to use the income of my father, which would mean no reason to have I-864A for her needed correct?

 

The complete situation is that my parents file taxes jointly but I only want to use the income of my father to meet the joint sponsor requirements.  With this could I just get my father to file form I-864a and since I do not want to use the income of my mother only need to file that one I-864 for my father?

Edited November 23, 2019 by Kerri and Myles

[debbiedoo 2,339]

2 minutes ago, Kerri and Myles said:

that form indicates:

"Use this form if you are a household member and want to promise to make your income and/or assets available to help support sponsored immigrants"

 

We only want to use the income of my father, which would mean no reason to have I-864A for her needed correct?

probably the lack of tax transcripts. forget if you sent in paystubs and letter from employer, but if you did not, that too.

 

if they file jointly, yes, she will have to complete the 864 a

[K + M 47]

10 minutes ago, debbiedoo said:

probably the lack of tax transcripts. forget if you sent in paystubs and letter from employer, but if you did not, that too.

 

if they file jointly, yes, she will have to complete the 864 a

yeah we sent in paystubs, letter from employer, it all makes sense that the co-sponsor will fix everything.  But there is one thing that is still confusing in all of this is exactly where is the reasoning behind this RFE????

 

It just all seems like hypotheticals and nothing was exactly wrong, just not completely perfect which just seems a little weird for government documents.  

 

Also tacking exactly from the instructions for I-864a:

 

"Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements.  

 

The sponsor would be my father, who's income does surpass the income requirements, so how would my mother qualify to do this I-864a, that doesn't exactly make sense.

Edited November 23, 2019 by Kerri and Myles

[K + M 47]

11 minutes ago, Kerri and Myles said:

yeah we sent in paystubs, letter from employer, it all makes sense that the co-sponsor will fix everything.  But there is one thing that is still confusing in all of this is exactly where is the reasoning behind this RFE????

 

It just all seems like hypotheticals and nothing was exactly wrong, just not completely perfect which just seems a little weird for government documents.  

 

Also tacking exactly from the instructions for I-864a:

 

"Form I-864A may only be used when a sponsor’s income and assets do not meet the income requirements of Form I-864 and the qualifying household member chooses to combine his or her resources with the income and/or assets of a sponsor to meet the requirements.  

 

The sponsor would be my father, who's income does surpass the income requirements, so how would my mother qualify to do this I-864a, that doesn't exactly make sense.

Another question about this specific income exactly how to go about this is that since they file joint does that mean the household is only classified as one income meaning when it says "sponsor's income" that is actually meaning my dad and mother?  But then that would not exactly make sense because there is only 1 signature on the initial I-864 for co-sponsor.  Or two incomes together meaning my fathers can be used only and no I-864a for the mother? 

[Villanelle 4,122]

You said you explained in the more details section that you didnt earn enough/werent required to file. That is not technically "attaching a typed or printed statement". Your typed or printed statement needs to be a stand alone document.... 

 

The aff of support is subject to the Officer who is reviewing it discretion. So while it does have min required mandatory evidence ultimately it is up to the Officer to do decide. When they evaluate your situation they look at your last 3 years of earnings. If you were a student and now graduated and obtained a well paying job with your degree but this is your first year working it is viewed differently then someone who worked inconsistently for the last few years and now just obtained a full time job to technically qualify for 864 purposes. 

 

I have no idea what your situation is but I can assure you that discretion and common sense is used and its not simply meeting the min numbers. As for your parents being co-sponsors you are free to submit just an 864 from Dad and leave mom out of it but it may not be accepted. Some Officers want the spouse to sign the 864a so they are sure the spouse is aware of the financial obligation being undertaken by the other spouse. So it is recommended to send the 864a from the spouse or risk getting an RFE and having the process delayed. You would look at the joint tax return and if it shows dad made 50k and mom made 25k totaling a joint income of 75, you would enter dads 50k as his income for the 864 even though his return is joint and shows a higher combined total. You can only count his share of the joint income. 

 

[K + M 47]

7 minutes ago, Villanelle said:

You said you explained in the more details section that you didnt earn enough/werent required to file. That is not technically "attaching a typed or printed statement". Your typed or printed statement needs to be a stand alone document.... 

 

The aff of support is subject to the Officer who is reviewing it discretion. So while it does have min required mandatory evidence ultimately it is up to the Officer to do decide. When they evaluate your situation they look at your last 3 years of earnings. If you were a student and now graduated and obtained a well paying job with your degree but this is your first year working it is viewed differently then someone who worked inconsistently for the last few years and now just obtained a full time job to technically qualify for 864 purposes. 

 

I have no idea what your situation is but I can assure you that discretion and common sense is used and its not simply meeting the min numbers. As for your parents being co-sponsors you are free to submit just an 864 from Dad and leave mom out of it but it may not be accepted. Some Officers want the spouse to sign the 864a so they are sure the spouse is aware of the financial obligation being undertaken by the other spouse. So it is recommended to send the 864a from the spouse or risk getting an RFE and having the process delayed. You would look at the joint tax return and if it shows dad made 50k and mom made 25k totaling a joint income of 75, you would enter dads 50k as his income for the 864 even though his return is joint and shows a higher combined total. You can only count his share of the joint income. 

 

Alright all that makes sense but I just want to be 100% sure

 

If tax return says married filing joint and income for both last year was lets say 100k, dad (joint sponsor) made lets just say for random example made 51k, and mom (864a) made 49k, on the main 864 for co-sponsor no where would I put for annual income 100k, I would put 51k because thats what the person signing that document made, and on the 864a I would put 49k because thats what the person signing that document made.  No where I would put 100k ever even tho thats the total annual income, since its 2 documents talking about each person seperately that's how that would go about and be completely correct?  

 

Also does the 864a require birth cert? 

 

I'm assuming the 864 for joint does (dad)

Edited November 23, 2019 by Kerri and Myles

[Villanelle 4,122]

well I assumed you were going to just use dad as you posted it was your intention to just use dad. If you use mom and dad and dad is the primary on the 864 and mom is 864a--- the 864 would show dad on part 6 #5  51k.  Mom would be listed in it under part 6 person one #6a-c 49k and total income would be on #10 for 100k. She would have to sign an 864a to attach as the 864 only has place for Dad to sign,

 

If you were only using Dad and no 864a for mom then dads income would be on 6 5 51k as above but on 10 it would only show his 51k- that wouldnt match the joint tax return but thats okay because the tax return shows both income. 

Edited November 23, 2019 by Villanelle

[Villanelle 4,122]

Birth certificates or passports (for proof of USC) would be needed for them both.  

[Villanelle 4,122]

Also make sure you enter the household count correctly. On your form it should be a household size of 2. You count yourself and the immigrant. You do not count the immigrant as your spouse (that would make a total of 3) even though they are your spouse, since you already counted them as an immigrant you do not count them again. Your Dads 864 would show him, immigrant and his spouse (mom). 

[K + M 47]

25 minutes ago, Villanelle said:

Also make sure you enter the household count correctly. On your form it should be a household size of 2. You count yourself and the immigrant. You do not count the immigrant as your spouse (that would make a total of 3) even though they are your spouse, since you already counted them as an immigrant you do not count them again. Your Dads 864 would show him, immigrant and his spouse (mom). 

Correctly understanding the household size situation I will completely explain the situation going on in my house atm so I know exactly what to put.  

 

On my initial 864 I of course put household size of 2 for me and her just as you said.  In the house there are currently My dad, My mom, My twin brother, my younger brother, my wife, and me living here.  I have another brother that is older but I am certain he has nothing to do with the household size as he is in school and doesn't live here (hasn't for a few years).  I am not sure exactly what to put for household size on my dads 864 and my moms 864a for this.

[K + M 47]

51 minutes ago, Villanelle said:

Birth certificates or passports (for proof of USC) would be needed for them both.  

Also I wanted to ask what would be the likelihood that an RFE would occur if I just used my dad as a Joint sponsor even tho he filed the taxes jointly with my mom, and I only used his income as you showed an example for before and completely left my mom out of it.  

 

I am only asking because getting my mom's information my prove to be extremely difficult.

[NikLR 13,227]

45 minutes ago, Kerri and Myles said:

Correctly understanding the household size situation I will completely explain the situation going on in my house atm so I know exactly what to put.  

 

On my initial 864 I of course put household size of 2 for me and her just as you said.  In the house there are currently My dad, My mom, My twin brother, my younger brother, my wife, and me living here.  I have another brother that is older but I am certain he has nothing to do with the household size as he is in school and doesn't live here (hasn't for a few years).  I am not sure exactly what to put for household size on my dads 864 and my moms 864a for this.

Depends, how many of those siblings are dependents on your parent's tax return?  

[K + M 47]

2 minutes ago, NikLR said:

Depends, how many of those siblings are dependents on your parent's tax return?  

yeah thats exactly what I would have to see, but I am fairly certain after turning the age of 26 you can't claim as dependents correct?

Edited November 24, 2019 by Kerri and Myles

[NikLR 13,227]

Just now, Kerri and Myles said:

yeah thats exactly what I would have to see, but I am fairly certain after turning the age of 26 you can't claim as dependents correct?

I don't know. That's an IRS question.