Requirement to submit Form I-864A, filled by an intending immigrant + IRS tax return transcript (why and how to communicate with a reviewer?)

[Katja_D 1]

 

 Hello everyone!

I'm new here, so I apologize in advance if this topic has already been discussed. I searched for I-864A related topics and honestly didn't find any with the same problem as mine. Correct me if I'm wrong, though.

Situation:

INTRO: (I am the intended immigrant, and my US husband is my sponsor. He lives in the US, while I currently reside outside of the US. The I-130 has been approved, and we're in the process of collecting financial documents. And we stuck.)

 

1. I submitted my DS-260 and all required documents. My US husband submitted his Affidavit of Support and related financial docs from him and his father, who is my joint sponsor. NVC requested additional financial documents from me, such as Form I-864A. Technically, they sent a request to my husband, asking him to provide this form signed by me. As far as I can see from the instructions for this form attached below as a screenshot, I can be a household member and a sponsor of my immigration only if my husband seeks to rely on my financial help while he is my sponsor (No, his income and the income of his father are more than enough to be my sponsor), or if we have the same residency (which is not our case), or I can show that my income will continue after the acquisition of permanent residence (which I can't, as I have to quit my job when I'm granted a visa).

NVC also requested the latest IRS tax return transcript from me. We didn't file taxes jointly since I don't have to do it, currently residing outside of the country. Correct me if I am wrong, and I must have filed taxes together last year since we are married.

 

2. NVC also requested the I-864A form from my mother-in-law and her copy of the IRS tax return. The income of my joint sponsor, my father-in-law, is more than enough. However, since they are married and both are retired, could it be the case that NVC also needs the I-864A from the spouse of the joint sponsor, even though the income of the joint sponsor is more than sufficient?

 

Intermezzo:

My husband asked all these questions above and elaborated on our case in the NVC inquiry form on their website. However, he received the most generic response ever, which I have attached to this topic as well. In summary, the response was, "Please attach the required missing documents; we sent you a related message in the system." 🤡

 

That made him very sad.

 

Questions:

1. Should I actually fill out I-864A for myself or was it a mistake from the NVC reviewer?

2. If it was a mistake, HOW TO COMMUNICATE THIS MESSAGE to the assigned case worker? I am just afraid, I get the same generated answer, as my husband did a week ago...Should I somehow attach a written explanation of "why I can't be my own sponsor" or what?

3. Should my mother-in-law fill out this form and attach her IRS tax return copy as well? If so, why? Why my father-in-law's docs are not enough?

 

I honestly rely on your help and advice. If there is anyone, who ever faced the same rpblem - PLASE reply to this topic. I am horrified.

 

Thank you in advance❤️

Katja

 

 

[Liam2021 583]

1 hour ago, Katja_D said:

1. Should I actually fill out I-864A for myself or was it a mistake from the NVC reviewer?

I don't think it NVC mistake. Please ask your USC spouse double check I-864 again. You don't need to submit I-864A since you're intended immigrant. I think he need to check with his father's I-864. Is his father married and file tax together. If yes, then I-864A is needed from his mother, not you.

[mam521 2,062]

3 hours ago, Katja_D said:

Questions:

1. Should I actually fill out I-864A for myself or was it a mistake from the NVC reviewer?

2. If it was a mistake, HOW TO COMMUNICATE THIS MESSAGE to the assigned case worker? I am just afraid, I get the same generated answer, as my husband did a week ago...Should I somehow attach a written explanation of "why I can't be my own sponsor" or what?

3. Should my mother-in-law fill out this form and attach her IRS tax return copy as well? If so, why? Why my father-in-law's docs are not enough?

1. No.  It says to fill out only if you are a household family member, which you are not.  

3. Your MIL is a household member with your FIL.  DoS wants to ensure that all household members are covered and that the income is sufficient, irrespective of whether your FIL has sufficient income.  

 

Did hubs file his taxes as married, filing separately? I know you stated that you haven't filed US taxes (as expected), but he has to have filed as married unless you weren't yet married in the previous tax year.  

[Katja_D 1]

2 hours ago, mam521 said:

1. No.  It says to fill out only if you are a household family member, which you are not.  

3. Your MIL is a household member with your FIL.  DoS wants to ensure that all household members are covered and that the income is sufficient, irrespective of whether your FIL has sufficient income.  

 

Did hubs file his taxes as married, filing separately? I know you stated that you haven't filed US taxes (as expected), but he has to have filed as married unless you weren't yet married in the previous tax year.  

Thanks for your prompt response. They clearly saw I am not in the US and, therefore, not a household member. Why did they ask him to add me as a member then? How should I respond to the requirement to add me as a household member in the system and upload my I-864A form and tax papers? Should I just upload a written explanation saying, "No, I am not a household member and not a sponsor for myself?" Or should I just submit papers for my MiL as a joint sponsor and see what's going to change? Maybe in the next review, they won't ask me to upload the form anymore?

 

And yes, he filed the taxes separately, already being married last year. I didn't know I am supposed to file the taxes, residing outside of the country, just because I am married to him. He said, actually, I don't have to do it (but I assume he might be wrong as well).

[Katja_D 1]

5 hours ago, Liam2021 said:

I don't think it NVC mistake. Please ask your USC spouse double check I-864 again. You don't need to submit I-864A since you're intended immigrant. I think he need to check with his father's I-864. Is his father married and file tax together. If yes, then I-864A is needed from his mother, not you.

Thanks! Okay, I get it—my MiL has to be a joint sponsor too.

I simply don't understand how I'm supposed to react to the requirement of I-864A from me. Should I upload a written explanation of why I can't be my own sponsor and don't have a tax return transcript since I've never even been to the country before, not to mention working there or anything like that?

I also somehow don't get why they expect me to file taxes in the country I've never been to, even if my husband is its citizen. What's the logic behind that?

 

[mam521 2,062]

1 hour ago, Katja_D said:

Why did they ask him to add me as a member then? How should I respond to the requirement to add me as a household member in the system and upload my I-864A form and tax papers?

They didn't ask him to.  It's a generic form.  It says IF, not that you must.  First word in bold letters.  It then goes on to explain how the form would be applied if your assets were being used to qualify you.  

 

 

[Katja_D 1]

5 minutes ago, mam521 said:

They didn't ask him to.  It's a generic form.  It says IF, not that you must.  First word in bold letters.  It then goes on to explain how the form would be applied if your assets were being used to qualify you.  

 

 

So I should just ignore the CEAC message and don't add myself as a member?

"Katja's Form I-864A is missing. Please add Katja as a Household Member in CEAC and upload all documents under their name. Please visit https://www.uscis.gov/i-864a to complete this form. FINANCIAL SPONSORSHIP RESPONSIBILITIES: Financial sponsors, joint sponsors, and applicants should be aware of responsibilities when signing an I-864 and the consequences for a sponsored immigrant's acceptance of federal means-tested public benefits. For more information visit https://nvc.state.gov/aos."

[mam521 2,062]

6 minutes ago, Katja_D said:

So I should just ignore the CEAC message and don't add myself as a member?

"Katja's Form I-864A is missing. Please add Katja as a Household Member in CEAC and upload all documents under their name. Please visit https://www.uscis.gov/i-864a to complete this form. FINANCIAL SPONSORSHIP RESPONSIBILITIES: Financial sponsors, joint sponsors, and applicants should be aware of responsibilities when signing an I-864 and the consequences for a sponsored immigrant's acceptance of federal means-tested public benefits. For more information visit https://nvc.state.gov/aos."

I'd double check what you guys submitted before.  It sounds like they are assuming, for whatever reason, that your assets are being used to qualify.  It may even be a simple box that was ticked by accident on a form.  

 

Your MIL's I-864A definitely needs to be uploaded though.  

[Katja_D 1]

On 10/26/2023 at 11:19 PM, mam521 said:

I'd double check what you guys submitted before.  It sounds like they are assuming, for whatever reason, that your assets are being used to qualify.  It may even be a simple box that was ticked by accident on a form.  

 

Your MIL's I-864A definitely needs to be uploaded though.  

Thank you so much for your valuable advice. We double-checked the uploaded documents, and it turns out my husband misunderstood the question about the assets. He mistakenly included my name and income in that section, leading to the request for tax forms and the I-864 from me. Fortunately, they have approved all the documents now and transferred my case to the US embassy in Germany. It's time to wait for an appointment and prepare for the interview❤️

[pushbrk 12,876]

What you should do, and I mean this as kindly as possible, is to do nothing at all.  Let the sponsor and joint sponsor deal with this.  An I-864a from a intending immigrant who is the spouse of a US citizen petitioner NEVER provides an I-864a.  Really, NEVER.  I suspect you are misinterpreting what you read.  I'll be happy to explain how you misinterpreted if you'll post the exact wording of the message that makes you think an I-864 is being requested from you. Leave out the names.  Replace them with "me" or "husband".