i864 - Spouse Beneficiary's US taxes?

[anttof 0]

Hi all,

 

Hoping someone can clear this up for us: We submitted our documents to NVC last week and just received a response back today, with two messages stating:

 1) "The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate."

 2) "Please add BENEFICIARY as a Household Member under PETITIONER. All documents for BENEFICIARY should be submitted under their own name. Please submit US taxes for BENEFICIARY."

 

1. We both live abroad.

2. We filed the petitioners taxes as "Married, filing separately".

3. I (The beneficiary) does not have a US tax transcript/record - Why would I?

4. In the i864 we used assets to qualify, however both of our individual assets alone were more than the required amount to use assets to qualify. We also included our foreign income on the 864 (just to be on the safe side, even though I understand they typically don't take that into consideration).

 

It was my understanding, that any qualifying assets/income that comes from the spouse beneficiary as part of the i864 does NOT require a separate i864-a form?

 

Anyone here that can clarify what the NVC wants? Or should we just go ahead and upload a separate 864-a for the beneficiary?

 

Many thanks! Almost there after so many months of waiting...

[pushbrk 12,882]

11 hours ago, anttof said:

Hi all,

 

Hoping someone can clear this up for us: We submitted our documents to NVC last week and just received a response back today, with two messages stating:

 1) "The petition you have filed does not allow derivative status for family members. This means that any spouse, unmarried child under age 21, or parent will require his or her own petition to immigrate."

 2) "Please add BENEFICIARY as a Household Member under PETITIONER. All documents for BENEFICIARY should be submitted under their own name. Please submit US taxes for BENEFICIARY."

 

1. We both live abroad.

2. We filed the petitioners taxes as "Married, filing separately".

3. I (The beneficiary) does not have a US tax transcript/record - Why would I?

4. In the i864 we used assets to qualify, however both of our individual assets alone were more than the required amount to use assets to qualify. We also included our foreign income on the 864 (just to be on the safe side, even though I understand they typically don't take that into consideration).

 

It was my understanding, that any qualifying assets/income that comes from the spouse beneficiary as part of the i864 does NOT require a separate i864-a form?

 

Anyone here that can clarify what the NVC wants? Or should we just go ahead and upload a separate 864-a for the beneficiary?

 

Many thanks! Almost there after so many months of waiting...

It appears this message is prompted by you filing an incorrectly completed I-864.  Complete and upload a new one that shows zero in all tax and current income fields.  I expect that is also what you tax return states on the "total income" line.  You are correct that no I-864a is needed from a beneficiary spouse of US Citizen, by you have confused them by your entering income improperly.  You can only enter income you can use to qualify.  Read that current income question carefully.

 

1. above seems to come from an different issue.  Do you have children coming to the USA that are already citizens?  If so, did you list them as immigrating, instead of just dependents?  If so, that's incorrect.  If not, just ignore that part.  They are warning you, just in case.  If you do have children coming with your spouse that are NOT US Citizens, but step children, they DO need their own petition.  Please clarify.

 

[anttof 0]

12 hours ago, pushbrk said:

It appears this message is prompted by you filing an incorrectly completed I-864.  Complete and upload a new one that shows zero in all tax and current income fields.  I expect that is also what you tax return states on the "total income" line.  You are correct that no I-864a is needed from a beneficiary spouse of US Citizen, by you have confused them by your entering income improperly.  You can only enter income you can use to qualify.  Read that current income question carefully.

 

1. above seems to come from an different issue.  Do you have children coming to the USA that are already citizens?  If so, did you list them as immigrating, instead of just dependents?  If so, that's incorrect.  If not, just ignore that part.  They are warning you, just in case.  If you do have children coming with your spouse that are NOT US Citizens, but step children, they DO need their own petition.  Please clarify.

 

Thanks for the quick response! This is what I was suspecting as well, even though my foreign income is expected to continue after we move. Will go ahead and upload a new I-864 based on assets alone to simplify the matter for them.

 

We don't have any children and we did not list any other dependents, so I assume the second message is just some form of warning.

 

Sadly they shut down all of their phone lines, this could have been resolved so quickly over a phone call...

[pushbrk 12,882]

10 hours ago, anttof said:

Thanks for the quick response! This is what I was suspecting as well, even though my foreign income is expected to continue after we move. Will go ahead and upload a new I-864 based on assets alone to simplify the matter for them.

 

We don't have any children and we did not list any other dependents, so I assume the second message is just some form of warning.

 

Sadly they shut down all of their phone lines, this could have been resolved so quickly over a phone call...

It's very difficult to give proper guidance without sufficient information.  If your income can be documented to continue when you are in the USA, then THAT income should be shown, and documentation provided showing it WILL continue.  Usually,  this is an offer letter or transfer letter from your current employer.  You said you included "our foreign income".  Only show the income that will continue.  Who is who in the conversation?  Whose income will continue, the petitioner, or the beneficiary.  It seems "YOU" are the beneficiary.  Please clarify.