Second RFE for I-864

[Sug7 0]

I filed for my husband’s (an F1 student) adjustment of status (I-485) on May 8th, 2008. Since I do not have any income presently, I had my dad fill out an I-864A for Affidavit of Support (besides filling out an I-864 myself). I should have had him fill out an I-864 as a Joint Sponsor, not an I-864A since that is for the household members and his address is different than ours. So, we received an RFE (request for initial evidence) dated 06/27/2008, stating:

1) The petitioner/sponsor on Form I-864, Affidavit of Support has not signed Form I-864A, Contract between Sponsor and Household Member,

In order to process your application further, the petitioner/sponsor needs o sign and return the enclosed page(s) of Form I-864A

2) The Household member on Form I-864A, Contract between Sponsor and Household Member provided a different address from the petitioner/sponsor on Form I-864, Affidavit of Support and/or is not listed as a dependent on the petitioner/sponsors Federal income tax return.

In order to process your application further, submit evidence that the household member listed on form I-864A, lives at the same address as the petitioner/sponsor or was listed as a dependent on the petitioner/sponsor’s Federal income tax return.

3) Based on the documents submitted with form I-864, Affidavit of Support, for the petitioner/sponsor and household member(s), the income did not meet 125% of the federal poverty line for the petitioner/sponsor’s household size

In order to process your application further, obtain a joint sponsor or submit evidence of assets that meet the federal poverty line.

In response to the above RFE, we submitted an I-864 filled by my father as a JOINT SPONSOR. His income is around $50,000/yr. I think that is well above the poverty line. Also, we included our husband’s bank statement for the last 12 months showing a balance of above $20,000.

But we received another RFE (request for initial evidence) dated 07/21/2008, stating:

1) The petitioner/sponsor indicates on Form I-864, Affidavit of Support, the qualifying household members’ income will be used for the petitioner/sponsor’s income to meet 125% of the poverty line. The petitioner/sponsor failed to submit one or more Form(s) I-864A, for household members whose income is being used to meet the poverty line.

In order to process your application further, the petitioner/sponsor needs to submit a completed and signed I-864A, for all household members whose income is being used.

The have also hand written my mother’s name on the sheet (right below the above sentence) indicating that she should fill out an I-864A. It doesn’t make any sense. My mother is a housewife and she can’t be a household member because her address is different than mine. I don’t know what exactly do they want from me? Can somebody please guide me in the right direction? Your help will be very much appreciated.

Thank You,

Sug

[Wishes 2]

The have also hand written my mother’s name on the sheet (right below the above sentence) indicating that she should fill out an I-864A. It doesn’t make any sense. My mother is a housewife and she can’t be a household member because her address is different than mine. I don’t know what exactly do they want from me? Can somebody please guide me in the right direction? Your help will be very much appreciated.

Thank You,

Sug

I am assuming your mother and father filed taxes together, jointly. Maybe that is why they want her to be a sponsor too.

If she resides with your father, then I'd just have her fill out an I-864 as a joint sponsor.

Thats my two cents.. Maybe some one else will come along and provide more insight.

[Sug7 0]

I am assuming your mother and father filed taxes together, jointly. Maybe that is why they want her to be a sponsor too.

If she resides with your father, then I'd just have her fill out an I-864 as a joint sponsor.

Thats my two cents.. Maybe some one else will come along and provide more insight.

My father filed the taxes with my mother as a dependent (she doesn't work). So, I don't understand why they would want my mother to fill out anything. It's very confusing. Thanks for your feedback.

[Sug7 0]

I think I am going to fill out another I-864 and write them a letter explaining the whole situation. I have one more question, for #8 in part 3 of form I-864, do I check the yes or no box? I have only one joint sponsor (my father). Thanks.

Part 3. Information on the immigrant(s) you are sponsoring.

8. [X] I am sponsoring the principal immigrant named in Part 2 above.

[ ? ] yes [ ? ] no (Applicable only in cases with two joint sponsors)

[Eric-Pris 1,606]

My father filed the taxes with my mother as a dependent (she doesn't work). So, I don't understand why they would want my mother to fill out anything. It's very confusing. Thanks for your feedback.

A wife can't be a dependent. It's a joint tax return, whether she works or not. Normally, you would add both incomes and that would be the joint income. But in their case, the joint income is just your father's income since she doesn't work. But it's still a joint return, so maybe that's what they want.

[Sug7 0]

A wife can't be a dependent. It's a joint tax return, whether she works or not. Normally, you would add both incomes and that would be the joint income. But in their case, the joint income is just your father's income since she doesn't work. But it's still a joint return, so maybe that's what they want.

You're right, I just checked my father's tax returns and it doesn't list my mother as a dependent. My father had filled out an I-864 as a joint sponsor in response to the first RFE, but since my mother has no income which form should she fill out? I mean if she fills out an I-864A, what will she put on there since she has never worked and has no income. Also, we haven't shown her income on the I-864 filled out by my father.

[Sug7 0]

A wife can't be a dependent. It's a joint tax return, whether she works or not. Normally, you would add both incomes and that would be the joint income. But in their case, the joint income is just your father's income since she doesn't work. But it's still a joint return, so maybe that's what they want.

I understand that my mother should fill out a I-864A. But, since she doesn't work, what will she fill in the forms? Should she put $0.00 in each sections form or same as my fathers entries in I-864?

Thanks,

Sug

[Sug7 0]

A wife can't be a dependent. It's a joint tax return, whether she works or not. Normally, you would add both incomes and that would be the joint income. But in their case, the joint income is just your father's income since she doesn't work. But it's still a joint return, so maybe that's what they want.

I understand that my mother should fill out a I-864A. But, since she doesn't work, what will she fill in the forms? Should she put $0.00 in each sections form or same as my fathers entries in I-864?

Thanks,

Sug

one question remains unanswered, though. If the person (spouse of joint sponsor) who filled I-864A does not work, what should she/he put in "section # 10. My current individual annual income is:....... "??

Please, respond.

thanks,

[t0+ 1]

Since your mother and father filed a joint icome tax, your mom has to fill out an I-864A in order for the whole income to be considered in the Affidavit of Support. If you do want to include your mom, then just fill out the I-864A with the information, $0.00. Although in this situation it doesn't really make much sesnse for your mom to include and I-864A since she didn't work.

If you do not want your mom included in the Affidavit of Support, then I would suggest including W2's and 1099s that show/prove that the income listed in the Income Tax Return is from your father alone. I would definately put this in a letter to them explaining that only your father's income is being used for the I-864 and that the'included W2's and 1099 show that the entire portion of the income is from your father. The following is from the Adjudicator's Field Manual:

"If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099"

Source <----

Edited July 27, 2008 by t0+

[Sug7 0]

Since your mother and father filed a joint icome tax, your mom has to fill out an I-864A in order for the whole income to be considered in the Affidavit of Support. If you do want to include your mom, then just fill out the I-864A with the information, $0.00. Although in this situation it doesn't really make much sesnse for your mom to include and I-864A since she didn't work.

If you do not want your mom included in the Affidavit of Support, then I would suggest including W2's and 1099s that show/prove that the income listed in the Income Tax Return is from your father alone. I would definately put this in a letter to them explaining that only your father's income is being used for the I-864 and that the'included W2's and 1099 show that the entire portion of the income is from your father. The following is from the Adjudicator's Field Manual:

"If a sponsor filed a joint tax return with a spouse, but is qualifying using only his/her own individual income, the sponsor must submit evidence of that individual income. This evidence would include, for example, the sponsor’s own W-2(s), Wage and Tax Statement, and if necessary to reach the income requirement, evidence of other income reported to IRS which can be attributed to him/her, usually on Forms 1099"

Source <----

Thanks for your post.

Also, as I understand, she will put the same information in "section # 11. Federal income tax information....." of I-864A as that of my father in "part # 25: federal tax return information " of form I-864?

God bless,

Sug