URGENT HELP NEEDED

[cptrosco 0]

Heys guys and girls, I have a situation that I don't know what to do, any advice is appreciated.

My wife (the USC)isn't working so when we applied for my I-129f i needed a co-sponsor, her father did it.

Now I have sent in my AOS back in May 2010, included the co sponsor forms etc but I have been given a RFE for more documents from her dad, they are asking for all tax documents submitted to the IRS for the last tax year, well, her mother who deals with all the paperwork refuses to do this, as she doesn't think the government need all that sort of stuff.

Does anybody know what I can do to get around it, they gave me 87 days to respond to it and the letter was dated June 2nd.

This is really worrying both me and the wife, especially because our 5 month old daughter has just come out of hospital and this is going to affect her.

[JimVaPhuong 4,864]

Heys guys and girls, I have a situation that I don't know what to do, any advice is appreciated.

My wife (the USC)isn't working so when we applied for my I-129f i needed a co-sponsor, her father did it.

Now I have sent in my AOS back in May 2010, included the co sponsor forms etc but I have been given a RFE for more documents from her dad, they are asking for all tax documents submitted to the IRS for the last tax year, well, her mother who deals with all the paperwork refuses to do this, as she doesn't think the government need all that sort of stuff.

Does anybody know what I can do to get around it, they gave me 87 days to respond to it and the letter was dated June 2nd.

This is really worrying both me and the wife, especially because our 5 month old daughter has just come out of hospital and this is going to affect her.

There is a lot of evidence that is optional with the I-864, but the one piece of evidence that is absolutely essential is a copy of the most recent year's tax return.

Tell your mother-in-law to read part 6, section 25, of the instructions for the I-864 form that your father-in-law signed:

You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year.

If she still thinks it's optional' date=' tell her to read INA section 213A(6)(A) and (B) (the INA is the Congressional Act that governs immigration law):

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act

(A)(i)Method of demonstration.-For purposes of this section, a demonstration of the means to maintain income shall include provision of a certified copy of the individual's Federal income tax return for the individual's 3 most recent taxable years and a written statement, executed under oath or as permitted under penalty of perjury under section 1746 of title 28, United States Code, that the copies are certified copies of such returns.

...

(B)Limitation.-The Secretary of State, or the Attorney General in the case of adjustment of status, may provide that the demonstration under subparagraph (A) applies only to the most recent taxable year.(h)

If she does not agree to provide copies of the tax return or transcripts from the IRS then your father-in-law will be rejected as a joint sponsor. If she doesn't agree within a reasonable time then you should probably focus on finding another joint sponsor. If you don't respond to the RFE in the time they give you then your AOS petition will be denied.

[engineer21 51]

What initial documentation did you provide before the RFE came along?

Is your father-in-law himself willing to provide the tax documentation, if he is able to get a hold of it?

Because, if he has no objection to doing this himself, he can request a copy/transcript of his tax return from IRS.

In the mean time try to rationalize with your mother-in-law that the government does need that info.

Otherwise how are you and you wife going to prove that her father is able to co-sponsor?

[cptrosco 0]

Ok, thanks for the reply. However, by going on what she is saying, she will not send in the documents.

Now, If we cant find another co-sponsor what will happen and what can i do???

We'd just like to know all our options

[Ellie-and-David 38]

I agree with Jim.

Get her to read the links. If she will not comply, focus on getting another co-sponsor who IS willing to provide the documentation requested of them.

If your AOS is denied and you can not get another co-sponsor you will be forced to leave the country. You might want to point out to her that this will deeply affect your child. HER GRANDCHILD.

[froquedm 0]

Ok, thanks for the reply. However, by going on what she is saying, she will not send in the documents.

Now, If we cant find another co-sponsor what will happen and what can i do???

We'd just like to know all our options

I understand you, The same thing that is happening to you happened to me, I had to get a different co- sponsor and send everything 2 days before the dateline

you can send the documentation for a different co - sponsor but the first one will be denied.

first, you dont need the actual document you just need a copy of it, tell her to take a copy of it and send it to you.

but dont sleep on it, go finding someone else some people is very funny about "the goberment" dealing with their paper. weird thing because "the goberment" is who send it to them in first place

Edited June 26, 2010 by froquedm

[belinda63 3,053]

You might try explaining to her that the government already has this information although in a different division so it's not like she is giving up something they don't already have. She might also feel more comfortable with providing a tax transcript rather than a copy of the tax forms and W-2's as they seem to have less personal information on them.

Proof of income in the form of tax records is a requirement, otherwise how can you prove you have the income you are claiming.

Start looking for a new co-sponsor in case you can't talk mom into helping.

[JimVaPhuong 4,864]

Ok, thanks for the reply. However, by going on what she is saying, she will not send in the documents.

Now, If we cant find another co-sponsor what will happen and what can i do???

We'd just like to know all our options

Your wife obviously doesn't qualify to sponsor you on her own. Unless you have substantial assets, then you cannot sponsor yourself. If you don't have a joint sponsor who qualifies, and is willing to provide the documents to prove that they qualify, then your AOS petition will be denied. Presuming your I-94 has expired by that time, you will have 30 days to leave the United States. You will not get permanent resident status in the US without a qualifying sponsor.

Talk to your wife, and have her talk to her mother.

[cptrosco 0]

Ok people, thanks for the advice, its all pretty much what I thought anyway. Now, what if i do get denied or we cancel the application and move to the UK, can we then re-apply as a K3, and/or what are the other options.

[belinda63 3,053]

You are always welcome to apply for a visa to the US, immigrant or non-immigrant, but the financial support requirements will still have to be met. As a last resort I guess you could move there and save your money until you have the assets to meet the requirements, find a new sponsor, or the spouse has a job with sufficient income to sponsor you.

[JimVaPhuong 4,864]

Ok people, thanks for the advice, its all pretty much what I thought anyway. Now, what if i do get denied or we cancel the application and move to the UK, can we then re-apply as a K3, and/or what are the other options.

Relatively recent changes in the way that Department of State handles approved petitions has all but made the K3 obsolete. A K3 requires an I-130 petition AND an I-129F. If both approved petitions arrive at the NVC at the same time (and they usually do) then the I-129F is closed, and they proceed with the I-130, which would result in either a CR1 or an IR1 visa (depending on how long you've been married at the time). The K3 still exists for those relatively rare circumstances when the I-129F beats the I-130 to the NVC.

The CR1/IR1 has a distinct advantage over a K3 - the green card approval process is included in the visa processing. No adjustment of status is required after coming to the US. You'll get a green card within weeks of arriving. A CR1/IR1 also costs less than a K1. A side affect of this is that you'll need a qualified sponsor who has signed an I-864 BEFORE you'll get the visa. If your wife can't qualify on her own, then you'll still need a joint sponsor who does. Basically, you'll be in the same boat you're in now. But wait, there's more...

You and your wife will be living in the UK. If she's earning enough at that point to qualify as a sponsor on her own then you won't necessarily need a joint sponsor. However, if her income isn't likely to continue at the same level when she returns to the US then the consulate will probably not consider it. It's reasonable to assume she'd have to quit any job in the UK to return to the US, right? On top of all this, a qualified sponsor must not only meet the income requirements, they must also be a US citizen or permanent resident who is domiciled in the US. The US government can't easily enforce an affidavit of support against someone who isn't living in the US. This means your wife will have to maintain a domicile in the US while she's in the UK, or establish domicile in the US before the affidavit is submitted, or prove to the satisfaction of the consular officer that she has taken steps to establish domicile as soon as she returns to the US (this last approach requires she arrive in the US at or before the time you arrive).

So, even though it's the same boat, it's now sailing in choppy waters.

You will save yourself considerable headache if you can find a way to resolve this while you're still here in the US. You've spent a lot of money and time already. It would be a shame to see that wasted.

[cptrosco 0]

Just thought i would update you all that have tried to help with this situation.

It seems now that she will forward the papers for me, something to do with her daughter having a quiet word with her

Just waiting for my EAD now, according to this website, they are processing them for 20th April, mine is 6th May, really not too long now.