AOS I-864 Help Please!

[cmcp 0]

Hello everyone, I need some advice really badly.

I sent in my AOS packet about a month ago and today just received my first ever Request for Initial Evidence form .

Here's some background info so that you guys know what is going on....

I am just out of college and thus have not had a job for the past few years while attending school full time. To this day, I am not employed so I had my mother act as a joint sponsor for my wife who is the one I am doing the AOS for. My mother makes an annual salary of about $44,000 and we noted that in my I-864 and her I-864A form. On the I-864 part 5 Sponsor's household size #21 that I filled out, I listed our household size as "3". Since my main place of residence is at my mother's house for the time being and she is submitting the form I-864A.

having said this, for Hawaii the 125% of the poverty line is only $25,300 for a household size of 3. So we should be well clear of that right? Now because we are over the poverty line I did not fill out Part 7 on the I-864 where it says Use of assets to supplement income.

If you note at the bottom of the RFIE that I received they are asking for proof of assets etc. I am confused as to what I have to send in to them. Do they want both I-864 and I-864A forms again along with the "proof" of my mother's assets etc?

The only things that we sent in from my mother along with her I-864A was her latest 2007 W2 tax forms, proof of employment letter, and birth certificate.

Thank you so much for your time and any advice.

-chad

[Ling Ling 22]

Hello everyone, I need some advice really badly.

I sent in my AOS packet about a month ago and today just received my first ever Request for Initial Evidence form .

Here's some background info so that you guys know what is going on....

I am just out of college and thus have not had a job for the past few years while attending school full time. To this day, I am not employed so I had my mother act as a joint sponsor for my wife who is the one I am doing the AOS for. My mother makes an annual salary of about $44,000 and we noted that in my I-864 and her I-864A form. On the I-864 part 5 Sponsor's household size #21 that I filled out, I listed our household size as "3". Since my main place of residence is at my mother's house for the time being and she is submitting the form I-864A.

having said this, for Hawaii the 125% of the poverty line is only $25,300 for a household size of 3. So we should be well clear of that right? Now because we are over the poverty line I did not fill out Part 7 on the I-864 where it says Use of assets to supplement income.

If you note at the bottom of the RFIE that I received they are asking for proof of assets etc. I am confused as to what I have to send in to them. Do they want both I-864 and I-864A forms again along with the "proof" of my mother's assets etc?

The only things that we sent in from my mother along with her I-864A was her latest 2007 W2 tax forms, proof of employment letter, and birth certificate.

Thank you so much for your time and any advice.

-chad

Looks like a generic form letter.

You should call NVC and see if an operator or supervisor can tell you exactly what they want.

good luck

[cmcp 0]

Looks like a generic form letter.

You should call NVC and see if an operator or supervisor can tell you exactly what they want.

good luck

Hi Ling Ling, I called the NCSC as listed in that form (1800-375-5283) and the agent was of no help. All she said was "sorry sir we are not allowed to tell you exactly what to submit, just go ahead and submit whatever is asked for on the RFIE". I was confused and told her that I already submitted an I-864A with my mother as joint sponsor etc and that we are well above the poverty line.

Did I call the right place and speak to the right people about this?

[Ling Ling 22]

Looks like a generic form letter.

You should call NVC and see if an operator or supervisor can tell you exactly what they want.

good luck

Hi Ling Ling, I called the NCSC as listed in that form (1800-375-5283) and the agent was of no help. All she said was "sorry sir we are not allowed to tell you exactly what to submit, just go ahead and submit whatever is asked for on the RFIE". I was confused and told her that I already submitted an I-864A with my mother as joint sponsor etc and that we are well above the poverty line.

Did I call the right place and speak to the right people about this?

Hi CMCP,

As soon as you get a chance, please fill in your timeline. That will give us more information about you, and enable us to help you.

AOS means two things here...Adjustment of Status (usually from K-3 to CR-1) or Affidavit of Support.

Either way, it sounds like like you're adjusting status and your case is at USCIS. I'd ask to speak with a supervisor as that the form letter really isn't clear.

You're entitled to clear and concise information regarding their request for information/evidence.

If your case is at the National Visa Center, you're calling the wrong number.

[Ling Ling 22]

OK...I just looked at the letter again.

Assuming this letter was addressed to you, it appears that they have not acknowledged your joint sponsor.

You need to go through the paperwork again, and make sure everything is appropriate.

When you speak to them again, see if they (a supervisor) can locate your file and confirm that they have

a record of your joint sponsor and the appropriate paperwork.

This communication appears to have been based solely on your income, and not that of a co-sponsor.

It could be an error on your part, or on theirs.

[cmcp 0]

OK...I just looked at the letter again.

Assuming this letter was addressed to you, it appears that they have not acknowledged your joint sponsor.

You need to go through the paperwork again, and make sure everything is appropriate.

When you speak to them again, see if they (a supervisor) can locate your file and confirm that they have

a record of your joint sponsor and the appropriate paperwork.

This communication appears to have been based solely on your income, and not that of a co-sponsor.

It could be an error on your part, or on theirs.

Hi ling ling i appreciate your time greatly. sorry for not being so clear, i am filing all of this (K1 visa) for my wife who is the applicant. im solely her petitioner and now husband.

I did indeed file with USCIS and the agent who was not a supervisor told me that they are not able to access anything we have submitted. I even asked to be transferred to another agent for a 2nd opinion and she told me that everyone would give me the same information. I know that these agents can not be trusted 100% so I will go ahead and ask for a supervisor to clear the air.

I am 100% positive that I included my co-sponsor (my mother's) I-864A form along with the AOS packet. I was just thinking perhaps they misplaced it and/or skipped over it? Since my I-864 shows 0 income.

[richo 0]

If you, as the primary sponsor did'nt write anything on the part of supplemental income, how about your mother? Did you guys put anything on the Use of assets as supplemental income on your mother's I-864? If there's an amount on the assets part of your mother's I-864 then maybe that's what their asking for the proof of assets like copy of CDs, or real estate etc. I may be wrong just trying

[cmcp 0]

If you, as the primary sponsor did'nt write anything on the part of supplemental income, how about your mother? Did you guys put anything on the Use of assets as supplemental income on your mother's I-864? If there's an amount on the assets part of your mother's I-864 then maybe that's what their asking for the proof of assets like copy of CDs, or real estate etc. I may be wrong just trying

hi richo, I was just asked by another person too if my mother filed an I-864 for herself. I was under the impression that only I was supposed to file an I-864 and my mother only file the I-864A. Was I given the wrong info? If so, then that could be the potential problem?

[richo 0]

Yes sorry I meant I-864A, the MY ASSETS part in there did your mother input any amount in there? ANd didnt provide copies backing up those assets?

[cmcp 0]

Yes sorry I meant I-864A, the MY ASSETS part in there did your mother input any amount in there? ANd didnt provide copies backing up those assets?

ah ok

But yes, she also left that part blank I guess because she was just going to use her income to cover the poverty requirements.

Do you recommend she complete this part even though her annual income is sufficient?

12. Assets.

Complete this item only if the sponsor is using the value

of your assets to help meet the requirements of the

affidavit of support. If you are using only your income to

help the sponsor meet the requirements, do not complete

this item.

Edited September 3, 2008 by cmcp

[richo 0]

Yes sorry I meant I-864A, the MY ASSETS part in there did your mother input any amount in there? ANd didnt provide copies backing up those assets?

ah ok

But yes, she also left that part blank I guess because she was just going to use her income to cover the poverty requirements.

Do you recommend she complete this part even though her annual income is sufficient?

12. Assets.

Complete this item only if the sponsor is using the value

of your assets to help meet the requirements of the

affidavit of support. If you are using only your income to

help the sponsor meet the requirements, do not complete

this item.

NOpe Im not recommending that . Im just asking because it was said in your RFE that they need proof of assets so I'm asking maybe you guys input an amount to your asset part of form and her assets part of the form. But since both of you didnt input anything in there and her income is above poverty level then why are they asking for proof of assets? Proof of assets that neither of you have had input in the assets part Its up to you now if you want to make an infopass to your local office and ask an officer what the RFE notice is really asking and bring copies of the forms that you submitted and they might enlighten you more...

Edited September 3, 2008 by richo

[cmcp 0]

Yes sorry I meant I-864A, the MY ASSETS part in there did your mother input any amount in there? ANd didnt provide copies backing up those assets?

ah ok

But yes, she also left that part blank I guess because she was just going to use her income to cover the poverty requirements.

Do you recommend she complete this part even though her annual income is sufficient?

12. Assets.

Complete this item only if the sponsor is using the value

of your assets to help meet the requirements of the

affidavit of support. If you are using only your income to

help the sponsor meet the requirements, do not complete

this item.

NOpe Im not recommending that . Im just asking because it was said in your RFE that they need proof of assets so I'm asking maybe you guys input an amount to your asset part of form and her assets part of the form. But since both of you didnt input anything in there and her income is above poverty level then why are they asking for proof of assets? Proof of assets that neither of you have had input in the assets part

That is also why I am confused. Too bad USCIS is closed, I was going to try to clarify things with a supervisor. It'll have to wait until tomorrow...

But anyway, I found it disturbing that the agent i spoke to kept telling me to just follow the instructions on what the RFE says to submit. I kept telling her that I already have a joint sponsor and submitted an I-864A with the total income well above what is required for our household size. I told her that I felt like i would be submitting things in the dark, just to see if by "chance" they get what they were looking for. sigh...

Edited September 3, 2008 by cmcp

[richo 0]

Yes sorry I meant I-864A, the MY ASSETS part in there did your mother input any amount in there? ANd didnt provide copies backing up those assets?

ah ok

But yes, she also left that part blank I guess because she was just going to use her income to cover the poverty requirements.

Do you recommend she complete this part even though her annual income is sufficient?

12. Assets.

Complete this item only if the sponsor is using the value

of your assets to help meet the requirements of the

affidavit of support. If you are using only your income to

help the sponsor meet the requirements, do not complete

this item.

NOpe Im not recommending that . Im just asking because it was said in your RFE that they need proof of assets so I'm asking maybe you guys input an amount to your asset part of form and her assets part of the form. But since both of you didnt input anything in there and her income is above poverty level then why are they asking for proof of assets? Proof of assets that neither of you have had input in the assets part

That is also why I am confused. Too bad USCIS is closed, I was going to try to clarify things with a supervisor. It'll have to wait until tomorrow...

But anyway, I found it disturbing that the agent i spoke to kept telling me to just follow the instructions on what the RFE says to submit. I kept telling her that I already have a joint sponsor and submitted an I-864 with the total income well above what is required for our household size. I told her that I felt like i would be submitting things in the dark, just to see if by "chance" they get what they were looking for. sigh...

Its not about the income level its about the proof of assets that you guys didnt even input anything on that part. There's RFe for proof of assets if the person file for I-864 and they input an amount on the assets part as to supplement income and didnt include copies of evidence for that asset. Anyways, good luck and blessings

[Ling Ling 22]

CMCP,

Your mom needs to submit an I-864 as a joint sponsor.

Feel free to confirm in the instructions.

Also make note of question 1 part "e".

At this point, you may want to re-send your I-864 with the appropriate box marked in 1e,

and send in your mother's I-864, along with an I-864a between you and your mother.

So entire package is

I-864 signed by petitioner

I-864 signed by joint sponsor

I-864a signed by petitioner & joint sponsor.

Mother's W-2 and current year Tax Return

NOW one thing of concern....you refer to her (the beneficiary) as your wife, but are petitioning for a K-1 Fiance visa????

If she's your wife, you should be petitioning for a CR-1 immigrant visa or a K-3 Spouse Non-Immigrant visa.

Edited September 3, 2008 by Ling Ling

[cmcp 0]

CMCP,

Your mom needs to submit an I-864 as a joint sponsor.

Feel free to confirm in the instructions.

Also make note of question 1 part "e".

At this point, you may want to re-send your I-864 with the appropriate box marked in 1e,

and send in your mother's I-864, along with an I-864a between you and your mother.

So entire package is

I-864 signed by petitioner

I-864 signed by joint sponsor

I-864a signed by petitioner & joint sponsor.

Mother's W-2 and current year Tax Return

NOW one thing of concern....you refer to her (the beneficiary) as your wife, but are petitioning for a K-1 Fiance visa????

If she's your wife, you should be petitioning for a CR-1 immigrant visa or a K-3 Spouse Non-Immigrant visa.

Thanks for the info. I will print out and sign these again.

So just to be clear, we only need 1 I-864A form and I sign the "SPONSOR" part (Part 2 #13 & 14) and my mother signs the "HOUSEHOLD MEMBER" portion (part 3 #15 & 16) on the last page? or do we both fill out separate I-864A forms?

On my I-864 I checked box 1a "I am the petitioner. I filed or am filing for the immigration of my relative.

I should be checking 1e "I am the FIRST of two join sponsors", and my mother 1e "I am the SECOND of two joint sponsors" ?

Also about the K1 comment. I was referring to how we got to this point. not that I am currently filing it now.

Edited September 3, 2008 by cmcp