RFE on the AOS package

[Zombie 0]

Ah, delight. I've just received the following...

{yours truly} is named on your federal tax return. We do not have evidence that she has a legal working status in the United States. That is the reason for sending Item H17 below. We do not have your supporting documents (W2s or 1099s) to determine the amount of money earned by the petitioner and by the beneficiary. If the petitioner does not meet the income requirements then it will be necessary to get a joint sponsor or evidence of your assets that are named in your I-864.

G24:

The petitioner/sponsor on form I-864 must submit all supporting tax documention submitted to the IRS for the most recent year.

H3:

The petitioner/sponsor indicates on I-864 that qualifying househould members' income will be used for the petitioner/sponsor's income to meet 125% of the poverty line. The petitioner/sponsor failed to submit one or more Forms I-864A for household members whose income is being used to meet the poverty line. Submit form I-864A for all household members whose income is being used.

H17:

For the household member's income to be included in the household income, the household member's income must have been from a lawful source and earned while the household member was authorized to work in the United States. Submit evidence of the household member on Form I-864 or I-864A was authorized to work in the United States. Examples include [EAD, proof of Naturalization or Citizenship, etc]

I am indeed named on my husband's tax return ('married filing jointly'), I don't have a legal working status, and I am not and haven't been working. So I... uh... guess I can't give them half of the information they're asking for here?

What do I do instead? What exactly is the I-864A, do I actually need one, and if so where can I obtain it online other than the USCIS website (the file claims to be 'damaged' and won't let me read it)?

Oh, and my husband's income is under the 125%, but his house and car, etc make up for several times the difference (as stated on the original I-864), so what 'evidence' should we send? Also, the house was left to him by a relative when he died, however I believe the house is still in said relative's name... how much will this matter and what's the best course of action?

Apparently I've got 84 days left to figure all this out...

[SC & TF 1]

For the I-864, your petitioner needs to be above the required poverty line. Since your husband's income is under that percentage, and you're not working, I suggest you get a joint sponsor to make things easier or faster. I believe the I-864A form is for a co-sponsor who is a member of your household. As far as I know, you can only get that form on the USCIS website. In my case, my mother-in-law was my joint sponsor, and filled out an I-864 because she doesn't live with us. I'm not sure about the "assets" part of it as I didn't have to go through that. Maybe someone else can help you on that. Good luck.

Edited July 14, 2007 by SC & TF