Impossible requirements - Form I-864A

[10i2usa 0]

Hi everyone - in real need of some advice!

 

I am a US citizen living with my Irish husband in Ireland for the last two years. We filed and were accepted for the form I-130, and we're now at the financial affidavit stage.

 

All my documents for the Form I-864 and the form itself were accepted wit me as the sponsor (or at least they are marked as "accepted" in the CEAC system). I proved US domicile by showing my still-open accounts, active voting registration, letter from family saying I was abroad temporarily just to move back with my husband, etc. Basically saying that yes, I live in Ireland now but it was always temporary and I have maintained all my US accounts and links so I can return. Financial sponsorship was demonstrated with my bank records, and foreign payslips - and a letter saying my job will continue to employ me once I get back to the US (it's a global institution). 

 

All seemed good - except then we got a message saying my husband's form I-864A was missing, and to add him as a household member and upload the documents. We filled out the I-864A and provided proof of relationship (marriage certificate). Except now that he is a "household member" it says he is required to upload "Proof of US Domicile" and "Proof of US Citizenship or LPR Status" - but he obviously doesn't have either of those things!

 

It's strange because the I-864A form itself acknowledges that the "household member" filling out the form could be the intending immigrant - so it's not like the form isn't meant for him. But we can't complete the section on the CEAC process without the domicile and citizenship parts!

 

Does anyone have any guidance? Also, is there any additional proof/documentation required from my husband for the I-864A at this stage?

[Gary Rich 261]

I dont know much on this issue.. but what I was thinking about is that, did you add your husband when you were filing your taxes? again I'm not an expert.. but that is the best I can think of for now

[Volli 31]

I don't understand why you guys are supposed to file the I-864A anyway. If you are able to sponsor your husband than there is no need that another household member additionally has to sponsor your husband. And your husband who is the (foreign) applicant cannot sponsor himself. It must be a person already living in the US (citizen or LPR). Your husband is not yet a LPR nor a citizen.

We were in a similar situation but I can't remember that we had to file the I-864A. Only the I864(EZ).

Edited September 26 by Volli

[Timona 4,207]

How'd you count your husband as a household member yet you're living abroad with him? That was the problem. USCIS rightfully asked you for I-864 because you listed him. Now, they (USCIS) wants more information, rightfully.

 

You shouldn't have listed him as a house hold member. Should have just done standard I-864, and put yourself only. 

 

Solution: Submit new I-864 and don't add him as household member. This should sort your issue because you cannot furnish whatever USCIS is asking for right now (LPR etc).

 

 

[pushbrk 12,872]

4 hours ago, 10i2usa said:

Hi everyone - in real need of some advice!

 

I am a US citizen living with my Irish husband in Ireland for the last two years. We filed and were accepted for the form I-130, and we're now at the financial affidavit stage.

 

All my documents for the Form I-864 and the form itself were accepted wit me as the sponsor (or at least they are marked as "accepted" in the CEAC system). I proved US domicile by showing my still-open accounts, active voting registration, letter from family saying I was abroad temporarily just to move back with my husband, etc. Basically saying that yes, I live in Ireland now but it was always temporary and I have maintained all my US accounts and links so I can return. Financial sponsorship was demonstrated with my bank records, and foreign payslips - and a letter saying my job will continue to employ me once I get back to the US (it's a global institution). 

 

All seemed good - except then we got a message saying my husband's form I-864A was missing, and to add him as a household member and upload the documents. We filled out the I-864A and provided proof of relationship (marriage certificate). Except now that he is a "household member" it says he is required to upload "Proof of US Domicile" and "Proof of US Citizenship or LPR Status" - but he obviously doesn't have either of those things!

 

It's strange because the I-864A form itself acknowledges that the "household member" filling out the form could be the intending immigrant - so it's not like the form isn't meant for him. But we can't complete the section on the CEAC process without the domicile and citizenship parts!

 

Does anyone have any guidance? Also, is there any additional proof/documentation required from my husband for the I-864A at this stage?

I suspect you checked a wrong box somewhere.  You only use an I-864a in joint sponsor cases.  Even if using your foreign spouse's income that will continue from the same source, the I-864a is not required when the applicant is spouse of a US Citizen.  Either YOU made a mistake or they did, but no I-864a from spouse of US Citizen.

Did you count your husband twice, once as the sponsored immigrant and again as your spouse?

Edited September 26 by pushbrk

[10i2usa 0]

5 hours ago, pushbrk said:

I suspect you checked a wrong box somewhere.  You only use an I-864a in joint sponsor cases.  Even if using your foreign spouse's income that will continue from the same source, the I-864a is not required when the applicant is spouse of a US Citizen.  Either YOU made a mistake or they did, but no I-864a from spouse of US Citizen.

Did you count your husband twice, once as the sponsored immigrant and again as your spouse?

Thanks for all the help so far.

 

I input "1" for intending immigrant and "1" for spouse and did put the total household as "2" - but the 2 is just myself and my husband.

 

I think it looks like my problem was I included him and his income/assets in my household on the I-864. I was trying to be as thorough as possible (he is my spouse, and we live together - I thought it would be strange to not report him as part of my household!). Any clue how to get them to allow me to re-submit my documents?

[pushbrk 12,872]

8 hours ago, 10i2usa said:

Thanks for all the help so far.

 

I input "1" for intending immigrant and "1" for spouse and did put the total household as "2" - but the 2 is just myself and my husband.

 

I think it looks like my problem was I included him and his income/assets in my household on the I-864. I was trying to be as thorough as possible (he is my spouse, and we live together - I thought it would be strange to not report him as part of my household!). Any clue how to get them to allow me to re-submit my documents?

1. There is an instruction about the question about entering 1 for a spouse that says not to count anybody twice.  If the form showed a total of two in the household, then you didn't use Adobe Reader, or never entered 1 as the number of intending immigrants you were sponsoring higher up in the form.

 

2.  If his income won't continue from the same source once in the USA, it cannot be counted.  Same goes for yours.

 

His liquid assets can be counted.  Did you indicate his assets as a household member, or as the intending immigrant?  They should have been entered as the intending immigrant.  

 

You need to properly complete the I-864, and submit again as corrected.  This is your mistake or mistakes, not the Consulates.

[Timona 4,207]

17 hours ago, Timona said:

How'd you count your husband as a household member yet you're living abroad with him? That was the problem. USCIS rightfully asked you for I-864 because you listed him. Now, they (USCIS) wants more information, rightfully.

 

You shouldn't have listed him as a house hold member. Should have just done standard I-864, and put yourself only. 

 

Solution: Submit new I-864 and don't add him as household member. This should sort your issue because you cannot furnish whatever USCIS is asking for right now (LPR etc).

 

 

 

****I-864A