Filed Dec 2023, No Response after RFE yet and now AP, is this normal? [merged threads]

[powerpuff 6,697]

*** Thread moved from Process & Procedures to Progress Reports as the original question was about wait times ***

[asleepydoctor 7]

Hi guys

I had a quick but time sensitive question!

 

my husband is my petitioner and sponsor and we got married on a K1

But hes currently doing another masters so his father is going to be our joint sponsor, but because he files taxes jointly with his wife she is going to fill a I-864a too. In that case, is my Father in law the only joint sponsor or 1 of 2 joint sponsors?

thank you!!

[asleepydoctor 7]

14 hours ago, K1visaHopeful said:

No.

The AOS I864 documents for your financial sponsors that you filed prior is "wrong"/filled out incorrectly/will not be accepted. That's why you got an RFE in the first place.

They are an I864 PACKAGE because you have more than one sponsor.  Start your I864 package over from scratch. 

 

All new I864's and *I864a (*if you have to use an I864a because you cannot prove separate income for the JS and their spouse. If you CAN prove separate income never use the JS's spouse as a co-sponsor because the less sponsors the better due to less complications/ paperwork/ chance of confusion is always better. PS it's very easy to prove separate income for employed ppl with their income statements regardless if they filed joint taxes. The I864 instructions explain that. Ensure you've read them. #1 A married JS should always use income only never assets*) AND all new supporting financial documents with CURRENT info.

 

The current tax year IS 2023 as of April 15th and you are responding to the RFE after April 15th. 2022 is not the current tax year. So while you used 2022 taxes before because it was the current tax year, your adjudicator may or may not choose to allow it now. It's up to you but I'd always follow the route with the less chance of getting it wrong considering we know what is current right now. 

You aren't going to confuse them if you produce a CORRECT and COMPLETE Financial Support package for all of your sponsors especially when you outline your new submission with the changes on your COVERLETTER. 

Spell out exactly what is different and that you are starting over with a whole new package to avoid confusion. 

Start over. 

Thank you. 

I will send an entirely new financial support package explaining the contents in the cover letter. 

 

I just want to confirm one thing. 

I864 for my husband - petitioning sponsor

I864 for my FIL - the only joint sponsor (correct? even if his wife will file an i864a?)

I864a for my MIL - household member

 

Yes we are using income only, but it would be hard to prove the separate income and its just easier for us at the moment to use both parents.

Sorry for the many questions, we dont even have taxes where i come from lol so this is all very new!

 

[K1visaHopeful 2,814]

10 hours ago, asleepydoctor said:

Thank you. 

I will send an entirely new financial support package explaining the contents in the cover letter. 

 

I just want to confirm one thing. 

I864 for my husband - petitioning sponsor

Correct.

10 hours ago, asleepydoctor said:

I864 for my FIL - the only joint sponsor (correct? even if his wife will file an i864a?)

Correct. That assumes you are using the term JS correctly and your FIL and MIL do NOT live with you and your spouse. If they do live with you, that changes everything. 

10 hours ago, asleepydoctor said:

I864a for my MIL - household member

Correct. If see above. 

10 hours ago, asleepydoctor said:

Yes we are using income only, but it would be hard to prove the separate income and its just easier for us at the moment to use both parents.

Coolio. 

10 hours ago, asleepydoctor said:

Sorry for the many questions, we dont even have taxes where i come from lol so this is all very new!

 

Read your FIL and MIL what I explained concerning proving separate income by using income statements. Considering that you don't have taxes where you may come from, they may understand what I explained better and you may be making this more complicated than it need be.

[K1visaHopeful 2,814]

Delete. Answered quoted post again when separate threads were combined. 

Edited May 9 by K1visaHopeful

[TBoneTX 45,266]

Related thread moved to this subforum and merged with ongoing topic.  Please post further queries in this thread only -- avoid starting new threads.

[asleepydoctor 7]

56 minutes ago, K1visaHopeful said:

Correct.

Correct. That assumes you are using the term JS correctly and your FIL and MIL do NOT live with you and your spouse. If they do live with you, that changes everything. 

Correct. If see above. 

Coolio. 

Read your FIL and MIL what I explained concerning proving separate income by using income statements. Considering that you don't have taxes where you may come from, they may understand what I explained better and you may be making this more complicated than it need be.

Will do 

thank you

 

what if we have the same address? (Different households, taxes etc) Is that an issue? 

[K1visaHopeful 2,814]

12 hours ago, asleepydoctor said:

Hi guys

I had a quick but time sensitive question!

 

my husband is my petitioner and sponsor and we got married on a K1

But hes currently doing another masters so his father is going to be our joint sponsor, but because he files taxes jointly with his wife she is going to fill a I-864a too. In that case, is my Father in law the only joint sponsor or 1 of 2 joint sponsors?

thank you!!

Only. 

Your FIL is a JS.

Your MIL is HIS Co-Sponsor.

But this is wrong if you live together. 

42 minutes ago, asleepydoctor said:

Will do 

thank you

 

what if we have the same address? (Different households, taxes etc) Is that an issue? 

If you live together in the same house at the same address that changes absolutely everything.

If you do, you have ZERO joint sponsors and have misused the term JS in your post and comments. 

 

Please clarify. (Grrrr).

 

[asleepydoctor 7]

22 minutes ago, K1visaHopeful said:

Only. 

Your FIL is a JS.

Your MIL is HIS Co-Sponsor.

But this is wrong if you live together. 

If you live together in the same house at the same address that changes absolutely everything.

If you do, you have ZERO joint sponsors and have misused the term JS in your post and comments. 

 

Please clarify. (Grrrr).

 

Yes sorry for the confusion. I am using the term JS correctly.
 

We have different physical addresses but we have the same mailing address.

we had the same address written in previous forms because we were still moving. (Such as EAD which has been approved and the original AOS papers)

 

That should be fine though, right? 
 

Edited May 9 by asleepydoctor

[K1visaHopeful 2,814]

10 hours ago, asleepydoctor said:

Yes sorry for the confusion. I am using the term JS correctly.
 

We have different physical addresses but we have the same mailing address.

we had the same address written in previous forms because we were still moving. (Such as EAD which has been approved and the original AOS papers)

 

That should be fine though, right? 
 

Provided you filed an address change with USCIS as legally required by filing an AR11, you should be fine. 

Ensure that your addresses are different in every sense (physical AND mailing) and I see no problems with using the form numbers as listed for the sponsor types described. 

If your addresses are connected in any way, you'll likely have problems again and be told you've used the wrong forms for your sponsors. The AR11 that you filed changing all of your addresses will ensure there are no issues on that front.