Request for (a lot of) initial evidence

[rebeccajo 14]

Well, without seeing the first affidavit, I can only guess.

However, they are looking for an affidavit from the sponsor, who in this case is your wife. Even though you are preparing it, it needs to contain her information.

Your wife surely filed a US tax return. That is the tax return they need to see.

[dobbs 0]

Well, without seeing the first affidavit, I can only guess.

However, they are looking for an affidavit from the sponsor, who in this case is your wife. Even though you are preparing it, it needs to contain her information.

Your wife surely filed a US tax return. That is the tax return they need to see.

Correct, and they seem to be happy with that.

When i got the RFE it seemed to make a distinction between the sponsor and the household member. The sponsor is my wife and they asked for none of her tax documents - presumably because they're happy with what I've already sent - the RFE only asks for tax documents for the household member - which is me.

Hm, now I'm thinkign about this, question:

My wife and I are not working. My mother in law will be my co-sponsor, she meets the poverty line requirments. If I am submitting an I-864 (not I-864A because she's at another address) for my mother in law do I need to include one for me and my wife's household? Should I maybe just include my mother in law's affidavit or do I need to also submit one for my wife because she is the petitioner?

[rebeccajo 14]

You should not have listed yourself as the household member.

I'd suggest you have a quiet read here:

http://www.uscis.gov/portal/site/uscis/men...mp;reqPageNum=2

Read the 2nd memoranda in the June 2006 listings.

Edited August 30, 2007 by rebeccajo

[dobbs 0]

You should not have listed yourself as the household member.

I'd suggest you have a quiet read here:

http://www.uscis.gov/portal/site/uscis/men...mp;reqPageNum=2

Read the 2nd memoranda in the June 2006 listings.

OK, that's pretty heavy going. It DID answer my question as to whether I need one or two I-864's but I couldn't find anywhere about whether I should be listed as a household member or not. I don't expect you to look it up for me, you've already been a great help - I'll go find it myself.

I have just realised, going back over my wife's I-864, that I can list my assets under the optional "Assets of the principal sponsored immigrant" in part 7 Question 28 WITHOUT listing myself as a contributor to household income in Part 6 Question 24 (b), even if my contribution is zero. maybe THAT'S what had them asking for my federal tax returns. Is that what you meant?

Edited August 30, 2007 by dobbs

[rebeccajo 14]

No. They NEVER would have asked you for your US federal tax returns. You couldn't possibly have any.

This stuff is all pretty heavy reading. I would suggest you 'restart' by SLOWLY go back to the instructions for the I864. Fill out another affidavit as a 'sample' if you must. Circle any areas you don't understand. If you can't figure it out by having another read of the instructions, clarify it with the memo.

Are the assets being used 'yours'? Specifically in accounts in your name? Or are they blended in a joint account with your USC wife? If they are, then no - you don't list them as 'your' assets. It would be most simplistic for your wife to show all the assets in her portion of the affidavit. If you would like to explain in a cover letter that the assets are blended with money you brought from the UK, then fine.

Edited August 30, 2007 by rebeccajo

[dobbs 0]

Thanks again rebeccajo, I appreciate your help.

I'll go over that memo, long as it is, thanks for pointing me toward that.

Yeah, the cash I am trying to use as an asset is in a bank account in Scotland in my name, beginning to wish I had just transferred it all into her account in the states. Nevermind.

Now you've pointed out that I shouldn't be listed as a household member it's starting to make a lot more sense. On the I-864 Part 5 Question 21 the immigrant is counted in the household size but not as a household member (kind of). In certain circumstances the immigrant spouse can use their income but I don't meet those requirements.

The RFE I got really did ask for tax documents for the household member, makes sense because anyone listed as a household member with an income would not be the immigrant and such should have tax returns. My fault for writing my name where it shouldn't be.

It's all good anyway. I'll get this form sorted out with the help of that memo and I have a joint sponsor now who meets the poverty guidelines so maybe I wont even write my assets on the form to avoid confusion.

Thanks again, sorry if I've irritated you at any point, you've really been a big help!

[rebeccajo 14]

LOL!

No, you haven't irritated me a bit! It's just not my style to say "Step 1, Step 2, Step 3". This is a self-help site and everybody needs to learn how to 'self-help'.

You did what I had hoped you would. You did your own research.

Give us a shout any other time you need pointed in the right direction!