RFE for I-864.... worried

[Septembergold 0]

Hello everybody,

my husband and I submitted our AOS (see timeline) but i`m starting to get worried about our I-864. My husband hasn`t been working for the last 3 years because his father had to undergo a surgery and now he`s wheel chair-bound. We`re living with his parents now and they are very generous people and help/support us in everything. Both of them (especially my father-in-law) need assistance, that`s why they want us to stay with them to help and don`t want us to move out.

So, being unemployed, my husband wasn`t required to file taxes since he doesn`t have any income at all. We attached a note with our I-864 explaining the situation and my father-in-law filled out form I-864A, so he`s my co-sponsor. His income (as a retiree) is waaaaaay above the poverty line. But i`m still worried if we`re going to have any problems with that...

we received an RFE for our I-864, but it was because we used a wrong form... silly me...

So, do you think we are in trouble? The instructions say if you were not required to file taxes you should attach a written explanation and/or evidence of why you were not required to file... I`m confused what kind of evidence that could be? Any thoughts?

Thanks.

[Otto 83]

If all the RFE is for is because of an incorrect form - I wouldn't worry. Just redo it on the correct form. What was the exact reason written on the RFE notice?

As far as evidence - a simple formal letter explaining why no taxes were filed is sufficient.

[GheTToJaTTi 0]

I wouldn't worry about it! as long as u have a co-sponser you'll be fine!!

[Septembergold 0]

Well. we got an RFE because we used form I-864 for our co-sponsor instead of I-864A. So the notice says smth like "submit form I-864 filled out and signed by the petitioner/sponsor indicated on form I-130".

so we did that. it will be delivered tomorrow... so we`ll see.... but i`m still a little worried.

[Gary and Alla 3,696]

Hello everybody,

my husband and I submitted our AOS (see timeline) but i`m starting to get worried about our I-864. My husband hasn`t been working for the last 3 years because his father had to undergo a surgery and now he`s wheel chair-bound. We`re living with his parents now and they are very generous people and help/support us in everything. Both of them (especially my father-in-law) need assistance, that`s why they want us to stay with them to help and don`t want us to move out.

So, being unemployed, my husband wasn`t required to file taxes since he doesn`t have any income at all. We attached a note with our I-864 explaining the situation and my father-in-law filled out form I-864A, so he`s my co-sponsor. His income (as a retiree) is waaaaaay above the poverty line. But i`m still worried if we`re going to have any problems with that...

we received an RFE for our I-864, but it was because we used a wrong form... silly me...

So, do you think we are in trouble? The instructions say if you were not required to file taxes you should attach a written explanation and/or evidence of why you were not required to file... I`m confused what kind of evidence that could be? Any thoughts?

Thanks.

Well, first, if they sent you an RFE and failed to mention any deficiencies except the form, I think you are OK in that regard.

"and/or" means AND or OR. You sent a written explanation? No ITR because no income. I think you have it covered. Good luck

[Septembergold 0]

We did sent a written explanation, now hoping for the best.

thanks everybody.

[kcoyclay1 98]

Septembergold don't worry about it. You have a co-sponsor that's above the poverty guideline and that is all they need. My situation regarding the pension and social security is only because she wanted to have a reason for us to wait .

After thinking about it, I realize that these IO's are not fools and they are not confused either when they ask us questions that make them seem unprepared. On the contrary, they are testing us to see how much we really know, so they try to trick us with misleading questions to see if they can catch us off-guard. When she pretended that she didn't know that the address that she was quoting as mine was my landlord's address, I believe it was to see if I would be thrown off-guard and state another address. They very well know what they are doing. She asked me at different intervals to tell her my address because I guess she wanted to see if we really live together. My husband was married four times before we got married and he is 22 yrs and 1 week older than I am. After pretending that she didn't know what she was doing and pretending to be "making mistakes" she relented to the fact that we have a bona fide marriage and wrote approved above I-130.

She questioned how long I lived at my husband's address and she used his G-325A and then said " so you lived at.... from 2003 to 2006?" I had to let her know that I wasn't in the US in 2003 and that we lived at that address in 2006. She was using his information to see if I was living with him before or if I knew him before he stated that we met and came to the US with the intention to marry. She asked me twice "so where did you stay when you came to the US and with whom did you stay?" Girl they are taping everything and then they converse to see if we messed up in our response or changed an answer when asked the question more than once. Just prepare for the worst and expect the best.

They told my husband that we might need a sponsor but I KNOW that we do not need one. I have read and re-read the USCIS information about the poverty guideline.

Don't worry just take the time to know all you can about your spouse and if you do not know an answer say you do not know and never guess. We don't have to know everything about our spouse all at once. We expect to learn more as the years go by but know as much as you can.

[Septembergold 0]

Thank you, kcoyclay1! I`ll try not to worry..

I`ve been following your story and I really hope you get the green card soon. You should! I mean, you guys, seem like a VERY "true" couple. I don`t understand why they have to torture people like that...

By the way, my husband is 27 years older than me... So i`m expecting some kind of resistance from the IO on that part... But, honestly... when a marriage is true , it shows... We do know quite a lot about each other, but as you mentioned... you can`t know everything, it comes with time. So we`ll just be prepared to the best of our abilities and hope for the best!

Thanks again and best of luck!