OMG - Checklist makes no sense..what to do? (merged threads)

[USAontheway 2]

Hi there...

So I am the US citizen wife/sponsor for my New Zealander husband. I don't have sufficient income, so we are staying with my Mother at her home - and she is the household-member co-sponsor.

For me, we included an I-864, and for her we included an i-864A with all her tax documents.

However, today NVC sent us a checklist saying that we are missing financial evidence..... they list my *Mother's* name and that the i-864 is missing for the 'sponsor/petitioner' ... ??????

So they want an i-864 for my Mother, when I am the sponsor? So confused. I don't know whether to call NVC and ask for a supervisor review, or to try to fill out an i-864 for her and gather copies of all her tax forms all over again....

It makes no sense to me especially, since the Sponsor/Petitioner HAS to be me listed on the i-864. Trying to calm down....lol

[Frankjavir 55]

Hi there...

So I am the US citizen wife/sponsor for my New Zealander husband. I don't have sufficient income, so we are staying with my Mother at her home - and she is the household-member co-sponsor.

For me, we included an I-864, and for her we included an i-864A with all her tax documents.

However, today NVC sent us a checklist saying that we are missing financial evidence..... they list my *Mother's* name and that the i-864 is missing for the 'sponsor/petitioner' ... ??????

So they want an i-864 for my Mother, when I am the sponsor? So confused. I don't know whether to call NVC and ask for a supervisor review, or to try to fill out an i-864 for her and gather copies of all her tax forms all over again....

It makes no sense to me especially, since the Sponsor/Petitioner HAS to be me listed on the i-864. Trying to calm down....lol

I read this: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Your mother in-law is part of your household in your income tax if she is your dependent ot you are hers, then you will be combining her income with yours and in that case she will need an I-864A.

But I am assuming she is not your dependent, neither you are not her dependent as reported on in the 2014 or 2015 tax return.

You just happen to live together in the same house.

So you need an I-864 as well as your mother in-law.

[USAontheway 2]

I read this: https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Your mother in-law is part of your household in your income tax if she is your dependent ot you are hers, then you will be combining her income with yours and in that case she will need an I-864A.

But I am assuming she is not your dependent, neither you are not her dependent as reported on in the 2014 or 2015 tax return.

You just happen to live together in the same house.

So you need an I-864 as well as your mother in-law.

Thank you for your response. Well I just called NVC - and spoke to a surprisingly nice lady after only about a 15 minute wait... Apparently my Mother, since I am living in New Zealand with my husband (the petitioner)... my Mother does require an I-864 and to be listed as 'only joint sponsor' ...(if I was living with her, then the i-864A would have been the correct form)... . Hopefully my mistake will help someone else on this forum, not to make it.. lol... make sure you are absolutely clear which 864's need filling out!!!

Thankfully they still have her tax documents and only want us to send the correct form... phew... only real bummer is now our 30-45 day wait will be reset; c'est la vie.

[Frankjavir 55]

Thank you for your response. Well I just called NVC - and spoke to a surprisingly nice lady after only about a 15 minute wait... Apparently my Mother, since I am living in New Zealand with my husband (the petitioner)... my Mother does require an I-864 and to be listed as 'only joint sponsor' ...(if I was living with her, then the i-864A would have been the correct form)... . Hopefully my mistake will help someone else on this forum, not to make it.. lol... make sure you are absolutely clear which 864's need filling out!!!

Thankfully they still have her tax documents and only want us to send the correct form... phew... only real bummer is now our 30-45 day wait will be reset; c'est la vie.

The point is, even if you and your mother in-law where living together in USA but her income tax did not listed you as her dependent or vice versa, she MUST file an I-864.

Household for income tax purpose means the individuals are declared in the same tax return.

I am glad your are solving your issue, good luck.

[USAontheway 2]

The point is, even if you and your mother in-law where living together in USA but her income tax did not listed you as her dependent or vice versa, she MUST file an I-864.

Household for income tax purpose means the individuals are declared in the same tax return.

I am glad your are solving your issue, good luck.

That makes sense, thanks. At this point the only thing that stinks a bit is resetting the 30-45 days wait all over again... .. but really it could have been worse so... it will be ok.

[Frankjavir 55]

That makes sense, thanks. At this point the only thing that stinks a bit is resetting the 30-45 days wait all over again... .. but really it could have been worse so... it will be ok.

I do not believe it is going to take that long, normally they put you aside waiting for checklist compliance and then back to queue.

[USAontheway 2]

I do not believe it is going to take that long, normally they put you aside waiting for checklist compliance and then back to queue.

I hope you are right - I am only going by what it says in the email about "please give us 30 days to review" once they receive the updated stuff.

Again I have to start a new topic, too... I ran into a little trouble trying to fill out the i-864... Thanks again for your advice and thoughts, it is very helpful.

[USAontheway 2]

I can't get through by calling NVC, they said to call back another time - but thought I'd post the questions I just sent them via email, in case anyone here knows the answer....

I wrote this:

Hello,

My Name is <PETITIONER / WIFE>, I am a U.S. Citizen currently living abroad with my husband, and am the Petitioner/Main "Sponsor" for my him - his name is <APPLICANT / HUSBAND> Currently we depend on my husband's New Zealand income, as I do not have income of my own here currently.

In our AOS/IV package, we sent an I-864 for me, and an I-864A for my mother, <MOM'S NAME> -- however we were just sent a checklist requesting an I-864 for my mother to be sent as she will be the "only joint sponsor."

This has brought up some questions as we try to fill out her i-864 form.

1. In calculating household size, Part 5, #1 and #2 are marked with a "1" - however, am I, the Petitioner, to be included in household size? None of the other options seem to fit - would I not be included in household size, as the three of us will be living at her residence in the future (once the immigration process is complete?) Or would household size total be 2 (even though I will also be living there?
   
2. If I am not to be included in household size, my fear is that the i-864 I filled out for myself will also turn out to be incorrect, as it referred to my mother's income in part 6, and listed Household members as "3."
   --Would it be a good idea to fill out a new, corrected i-864 for me (the Petitioner) -- even thought I have no income, and include it, when we send the NVC my mother's i-864 (even thought it was not requested?)

Again, any thoughts appreciated. Hopefully this is my last question - but maybe hope it will also help others who run into this problem too, thanks!

[NikLR 13,220]

You should have sent an I-864 as well for your mother as the joint sponsor. She is not your household member. The checklist was correct

Household size on your mom's AOS does not include you. It would be 2 if she's not married and has no other dependents. Household size is not determined by people living in a house but via taxes. Your mother is taking on the responsibility of your spouse since you have no income. If he uses means tested benefits, they would go after you and if you cannot pay they would go after her.

You will need to resubmit your I-864 to not include your mother.

Edited March 29, 2016 by NLR

[Anh map 2,098]

You, the petitioner completes the I864 for your household. That would be you, the intending immigrant(s), plus your minor children no matter where they live, plus anyone you've claimed a dependent on your most recent US tax return.

Mom does an I-864 (not I864a) and if she's married her spouse should complete an I864a. Mom's household size is calculated as above. You are not included in Mom's household count unless she claimed you as a dependent on her most recent tax return.

[USAontheway 2]

You, the petitioner completes the I864 for your household. That would be you, the intending immigrant(s), plus your minor children no matter where they live, plus anyone you've claimed a dependent on your most recent US tax return.

Mom does an I-864 (not I864a) and if she's married her spouse should complete an I864a. Mom's household size is calculated as above. You are not included in Mom's household count unless she claimed you as a dependent on her most recent tax return.

Thank you (and thank you NLR, too) - ok just so I get this straight:

- As I we have no children or dependents - and my mother did not have me as a dependent on her returns:

--Household member size on HER i-864 will be 2 (her and him), and will also be 2 on my corrected i-864 (1 for me, and 1 for my husband/petitioner).

--All blanks pertaining to income on MY i-864 will be Zero (as I have no income) - and not to worry that there's no where on the form that points to my joint sponsor's form (that's why I got confused and thought the i-864A was the correct form, because it allowed me to refer to her income as the support backup.)

--Although they didn't request a new i-864 from me (just one from my mother) - if I write a sticky note on it saying "Corrected i-864 from Petitioner/Sponsor" - that will suffice, when I send in both i-864's ?

Thanks...again..

[Frankjavir 55]

I hope you are right - I am only going by what it says in the email about "please give us 30 days to review" once they receive the updated stuff.

Again I have to start a new topic, too... I ran into a little trouble trying to fill out the i-864... Thanks again for your advice and thoughts, it is very helpful.

I strongly advice you to fill out your timeline, it help others and yourself because you will get more responses.

Also, do not start "stand alone topics", post your questions on the appropriate TOPIC forum, in this case is

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

TOPIC:

NVC Filers-March 2016

A new thread will be started very soon for NVC filers April., you will stay on that thread as long as your case is in NVC, you will learn a lot just by reading the other posts.

Edited March 29, 2016 by Frankjavir

[Anh map 2,098]

And your explination as to why you were not required to file a US tax return for the past 3 years.

[USAontheway 2]

I strongly advice you to fill out your timeline, it help others and yourself because you will get more responses.

Also, do not start "stand alone topics", post your questions on the appropriate TOPIC forum, in this case is

IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

TOPIC:

NVC Filers-March 2016

A new thread will be started very soon for NVC filers April., you will stay on that thread as long as your case is in NVC, you will learn a lot just by reading the other posts.

I will fill the timeline out best as I can - I didn't keep track of every date... Will try not to start stand-alone topics, so far my questions are just pertaining to NVC, and the one I just posted i-864. Yes it is very helpful, this forum, thank you kindly!

[USAontheway 2]

And your explination as to why you were not required to file a US tax return for the past 3 years.

I did write a note with the previous i-864 I had sent - I can write another if it would help... thank you so much!