I-864

[norrin 3]

I have asked some of these before but not all I want to make sure as I only have 2 weeks left to reply to the RFE.

Background: I did not make the minimum, however my sister who lives in the same house will be a co-sponsor.

The RFE was for "submit all supporting tax documentation...for recent tax year" (I didn't have this yet as some business taxes had to wait 2700.00 tax fee just to file them)

The second part was "based on documents submitted with I-864...the income did not meet 125% of the poverty guideline.." I assume this is because they didn't get the 2009 tax transcript or am I missing something?

I thought I had to file the I-864 and she had to fill out the I-864A however at the bottom of the RFE it says, "A joint sponsor will need to file another I-864, provide copies of the most recent Federal income tax returns and evidence of their status as a United States Citizen or Lawful Permanent Resident"

Another question:

#1 do I check d or e? If my sister fills out an I864 also does she check d or e?

#8 I am sponsoring the principal immigrant named in part 2 above yes or no..no says applicable in case with two joint sponsors

#23 My current annual income? do I write what is on 2009 tax record or what I am actually making now?

Sorry for all the questions but we would appreciate your help, I don't want another RFE or worse a denial and the deadline is in two weeks.

Thanks in advance,

Frank & Natasha

[Nich-Nick 3,354]

The RFE was for "submit all supporting tax documentation...for recent tax year" (I didn't have this yet as some business taxes had to wait 2700.00 tax fee just to file them)

This could be as simple as you didn't include all pages of the tax return you sent, as well as a photocopy of your W-2. All pages, Schedules, and the W-2 equals a complete tax return. You have to send something, even if it's below the poverty level because you are the petitioner. I don't know what you mean about why it had to wait, so can't comment any further other than you have to send a tax return or an explanation why you weren't required to file.

The second part was "based on documents submitted with I-864...the income did not meet 125% of the poverty guideline.." I assume this is because they didn't get the 2009 tax transcript or am I missing something?

You should have sent a complete tax return and some other proof of your income. That's a standard reply in case you DID meet the 125% but didn't send anything to prove it. They would be letting you know to show them the money if you want to pass on your own as a sponsor.

I thought I had to file the I-864 and she had to fill out the I-864A however at the bottom of the RFE it says, "A joint sponsor will need to file another I-864, provide copies of the most recent Federal income tax returns and evidence of their status as a United States Citizen or Lawful Permanent Resident"

If she lives in your house (household member) then she can do the I-864A. If she has her own house, then she does the I-864. She also sends a complete tax return for 2009, some other proof of her income, and proof of her legal presence in the US---photocopy of a US birth certificate, US passport, certificate of naturalization, or green card.

Another question:

#1 do I check d or e? If my sister fills out an I864 also does she check d or e?

You are the petitioner filing for a relative (spouse) Answer a.

You aren't counted in the "joint" part. Sister answers d. If you had you (petitioner), sister (joint) and mother (another joint) then they would go with e.

#8 I am sponsoring the principal immigrant named in part 2 above yes or no..no says applicable in case with two joint sponsors

You don't have two joint sponsors. Both of you answer YES.

Spouse = Petitioner or primary sponsor

Sister = the only joint

#23 My current annual income? do I write what is on 2009 tax record or what I am actually making now?

What you are actually making now. Prove it with an employement letter and 3-6 pay stubs.

Edited May 2, 2010 by Nich-Nick