I-864

[Reno911 0]

Hi, my wife (USC) and I (F1 German) filled for AOS in October. In November I got the biometrics. In December however, I got some pink letters - all about I-864 - it is all about the money.

I am working for the university since 2007 as a teaching assistant. I teach classes on American politics. I made 18000-18500 for the past years, and my employment is scheduled till August 2012 with that salary. So I make enough to be above the poverty level.

With my wife's income, we made more than 30k for '08 and '09. But my wife alone cannot sponsore me, since she never made more than 18k, and became unemployed in 2010, thus only making a few thousand dollars. But she looks for a job, and we still made 22k or so for 2010.

Unfortunately, this was not good enough, or good enough documented for the CIS - even though we send W2s for 2008 and 2009 that showed that we made more than required, and will so for the next two years. After that, when I get my PhD I want to become a professor.

In their writing, they ask me and my wife to submit the "Federal Income Tax Return" which we submited to the IRS for the most recent tax year. What do they want, a copy of the 1040s? We don't have them anymore. But the W2s are there, and they give the same info. If they want proof for 2010, well that is not the most recent tax year when we filled

Then they state that my wife's income didn't meet the poverty level requirements, and thus they want proof she makes more than 125% of the poverty level. I'd say duh - that is why I am the co-sponsor. Only together, as husband and wife do we make enough. So what does CIS want there?

We thought about, just to be on the safe side, to include my wife's mother as a joint sponsor. She lives in Ohio (we're in FL) though. Is it still possible to do that? What income must she have? 125% and that's it?

I am surprised and dismayed that CIS sends out letters without signatures and any contact info to communicate. I never experienced such anonymity and secrecy in an after all simple bureaucratic matter.

Many thanks for your advice.

[YuAndDan 153]

In this case Wife (USC) provides an I-864, and you the intending immigrant can ADD your income, and you provide an I-864A

Note third bullet point from I-864A instructions..

Get IRS Transcripts if you don't have copies of 1040s, they are FREE. http://www.irs.gov/individuals/article/0,,id=232168,00.html?portlet=4

[Inky 1,110]

You are supposed to include transcripts or tax returns WITH the w2 not just w2s.

[Harpa Timsah 13,258]

Sounds like your tax return was incomplete. They need a complete tax return, which includes all forms, all schedules, and all W2s. W2s don't actually show "the same thing" as the 1040... the W2 is a statement of wages, but the 1040 shows how you filed (married, single, etc) and what deductions and exemptions you took. As stated above, if you don't have the 1040s and other parts anymore (you should keep these for your records btw, this is important... you could get audited, for instance) then you can order tax transcripts from IRS which include everything.

Also, I disagree with Yu and Dan about I-864A. I believe there is a stipulation that is the intending immigrant is a spouse, then the immigrant spouse can add their income to the USC spouse on the single I-864 form, no 864A needed. I don't have time to check right now, but we listed immigrant assets on my sponsor form, and I remember the directions saying to do so (however, we didn't need the assets to qualify, so they could have ignored it, if it was a mistake).

Edit: You may have other missing parts here too... they may want proof of current employment, etc. If you re-type the RFE here we can help better. Good luck.

Edited January 28, 2011 by Harpa Timsah

[YuAndDan 153]

Sounds like your tax return was incomplete. They need a complete tax return, which includes all forms, all schedules, and all W2s. W2s don't actually show "the same thing" as the 1040... the W2 is a statement of wages, but the 1040 shows how you filed (married, single, etc) and what deductions and exemptions you took. As stated above, if you don't have the 1040s and other parts anymore (you should keep these for your records btw, this is important... you could get audited, for instance) then you can order tax transcripts from IRS which include everything.

Also, I disagree with Yu and Dan about I-864A. I believe there is a stipulation that is the intending immigrant is a spouse, then the immigrant spouse can add their income to the USC spouse on the single I-864 form, no 864A needed. I don't have time to check right now, but we listed immigrant assets on my sponsor form, and I remember the directions saying to do so (however, we didn't need the assets to qualify, so they could have ignored it, if it was a mistake).

Edit: You may have other missing parts here too... they may want proof of current employment, etc. If you re-type the RFE here we can help better. Good luck.

Note the second bullet in the second part of I-864A instructions, it says Spouse..

Again this is one of the uses for I-864A

[Harpa Timsah 13,258]

I believe I am correct here. I did note what you quoted, but it addresses in general whose assets can be included, and not how to use those assets. I quote, for instance, from the instructions here:

"However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her. In this instance, the contract relates to support for the spouse and/or children."

and here, in the form itself, where you can add up household member's income, there is a box to tick which states

"24e. The person listed above, _____________________, does not need to

complete Form I-864A because he/she is the intending immigrant and has no accompanying dependents."

Furthermore, line 27 is for assets of people who filled out a I-864A (household members), and line 28 is for the intending immigrant's assets, separate from people who filled out I-864A (because it is not required).

Edited January 28, 2011 by Harpa Timsah

[Reno911 0]

Thank you very much for the given advice. I've attached the four pages of the letter CIS send us as PDFs.

To summarize: Point one and two pertain to me (I guess) - it talks about the "household member on the petitioner/sponsor’s Form I-864."

1. They want to see my Tax Return. OK.

2. They say I don't make 125% of the poverty guidelines. For a household of 2, that is $18212. I on my own made $18588. So I've to point out the obvious to them, plus supply another letter of employment.

The next three pages deal with my wife (I guess). The wording is always "the petitioner/sponsor."

The 3. point they make is that my wife doesn't make 125% of the poverty guidelines. She makes 5-10k a year.

That is why I am the joint sponsor, and I filled I-864A. Together we make enough. So I don't understand what CIS wants from her when it comes to this point.

4. This point is even more confusing. I guess it is slopiness that they refer to 100% instead of 125% income requirement. Then CIS claims that my wife lists her income as "an amount to be considered sufficient," and complains then that no evidence is submitted. In the application we clearly stated that she made only 10k in 2009. Furthermore, my wife worked at different jobs in 2010 than in 2009, and is currently unemployed, but will get a job soon. So what should we reply to the evidence for the current income?

5. The last point addresses me and my wife, and states that our income does not exceed 125% of the poverty guidelines for a household of two. I on my own made in 2009 and 2010 more than $18212. Together with my wifes income, we had 25-30k for these years.

Hope this info helps, and thanks again for the good advice you give.

Scan_Doc0001.pdf

[Reno911 0]

Thank you very much for the given advice. I've attached the four pages of the letter CIS send us as PDFs. The pdfs were too big to attach - I added the letters below.

To summarize: Point one and two pertain to me (I guess) - it talks about the "household member on the petitioner/sponsor’s Form I-864."

1. They want to see my Tax Return. OK.

2. They say I don't make 125% of the poverty guidelines. For a household of 2, that is $18212. I on my own made $18588. So I've to point out the obvious to them, plus supply another letter of employment.

The next three pages deal with my wife (I guess). The wording is always "the petitioner/sponsor."

The 3. point they make is that my wife doesn't make 125% of the poverty guidelines. She makes 5-10k a year.

That is why I am the joint sponsor, and I filled I-864A. Together we make enough. So I don't understand what CIS wants from her when it comes to this point.

4. This point is even more confusing. I guess it is slopiness that they refer to 100% instead of 125% income requirement. Then CIS claims that my wife lists her income as "an amount to be considered sufficient," and complains then that no evidence is submitted. In the application we clearly stated that she made only 10k in 2009. Furthermore, my wife worked at different jobs in 2010 than in 2009, and is currently unemployed, but will get a job soon. So what should we reply to the evidence for the current income?

5. The last point addresses me and my wife, and states that our income does not exceed 125% of the poverty guidelines for a household of two. I on my own made in 2009 and 2010 more than $18212. Together with my wifes income, we had 25-30k for these years.

Hope this info helps, and thanks again for the good advice you give.

PAGE1: o The household member on the petitioner/sponsor's Form 1-864, Affidavit of Support, must submit the Federal Income Tax

Return submitted to theInternal Revenue Service (IRS) from the for the most recent tax year.

If you were not required to file a Federal income tax return under U.S. tax law, attach a written explanation and if applicable,

evidence of the exemption and why you are subject to it.

For more specific information, see Form I-864A instructions, page 2, "Household Member's Federal Income Tax Information"

For the most current version of Form I-864A including the instructions, go to "Immigration Forms" at http://www.uscis.gov or

call (800) 870-3676.

o The petitioner/sponsor's household member income on the Federal income tax return does not meet or exceed 125% (100% if

military) of the poverty guideline. The petitioner/sponsor's household member lists their current income on Form 1-864 as an

amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

Please submit evidence of the petitioner/sponsor's household member current income. Such evidence should include:

• Letter of employment containing the following:

• Dates of employment

• Nature ofthejob

• Wages or salary earned

• Number of hours per week worked

• Prospects for future employment and advancement

• Pay stubs or other documentation of pay for the previous 6 months.

• Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social

Security Benefits (only SSA-l099 and/or SSDI-I099)

For more specific information, see Form 1-864 instructions, page 8, "Federal Income Tax Information" For the most current

version of Form 1-864 including the instructions, go to "Immigration Forms" at http://www.uscis.gov or call (800) 870-3676.

NBC September 22, 2006 Revision 8 Page 1 of 4

PAGE2: Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet

125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the federal poverty line or obtain a joint sponsor. Such evidence of assets should include:

• Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which

the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

• Evidence of ownership and value of stocks, bonds, and certificates of deposit, and dates acquired;

• Evidence of ownership and value/equity of other personal property and. dates acquired;

• Evidence of ownership and equity of any real estate and dates acquired.

A joint sponsor will need to file another Form 1-864, provide copies of the most recent Federal Income tax returns, and evidence

of their status as a United States citizen or Lawful Permanent Resident.

PAGE3: The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 100% of the poverty guideline. The

petitioner/sponsor lists their current income on Form 1-864 as an amount to be considered as sufficient; however, no evidence

has been submitted as proof of current income.

Please submit evidence of the petitioner/sponsor's current income. Such evidence should include:

• Letter of employment containing the following:

• Dates of employment

• Nature ofthe job

• Wages or salary earned

• Number of hours per week worked

• Prospects for future employment and advancement

• Pay stubs or other documentation of pay for the previous 6 months.

• Evidence of other income, such as Tax-Exempt Interest, Qualified Dividends, IRA distributions, Pension, Annuities and Social

Security Benefits (only SSA-l 099 and/or SSDI-l 099)

PAGE4: Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor and household member(s),

the income did not meet 125% (l00% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

Assets standards must equal the stated difference between the sponsor's household size and 125% (100% if military) of the

federal poverty line.

• Assets must equal the difference for applicant's filing as orphans or a spouse or child of an active duty military member

• Assets must equal three times the difference for a spouse or child of a United States Citizen.

• Assets must equal five times the difference for all others.

Such evidence of assets includes:

• Bank statements covering the last 12 months, or a statement from an officer of the bank or other financial institution in which

the sponsor has deposits, including deposit/withdrawal history for the last 12 months, and current balance;

• Evidence of ownership and value of stocks, bonds, and certificates of deposit;

• Evidence of ownership and value/equity of other personal property and dates acquired;

• Evidence of ownership, a recent licensed appraisal or county assessment of any mortgage/lien or lien release of any real estate.

If you decide to obtain ajoint sponsor they will need to file Form 1-864, provide copies of the most recent Federal Income tax

returns, all supporting tax documents (W-2s, 1099s, and tax schedules) and evidence oftheir status as a United States citizen,

United States National, or Lawful Permanent Resident.

Edited February 1, 2011 by Reno911

[Harpa Timsah 13,258]

Answered and erased extraneous verbiage in the letter.

PAGE1: o The household member on the petitioner/sponsor's Form 1-864, Affidavit of Support, must submit the Federal Income Tax

Return submitted to theInternal Revenue Service (IRS) from the for the most recent tax year.

=====SUBMIT COMPLETE TAX RETURN FOR IMMIGRANT (Household member)

o The petitioner/sponsor's household member income on the Federal income tax return does not meet or exceed 125% (100% if

military) of the poverty guideline. The petitioner/sponsor's household member lists their current income on Form 1-864 as an

amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

=====INCOME IS SUFFICIENT, BUT NO PROOF OF SAID INCOME. INCLUDE A LETTER FROM EMPLOYER

PAGE2: Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet

125% (100% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the federal poverty line or obtain a joint sponsor.

=====THEY CANNOT ACCEPT YOUR INCOME AS IS, BECAUSE YOU DID NOT INCLUDE ANY PROOF. INCLUDE ABOVE PROOF, AND THIS GOES AWAY.

PAGE3: The petitioner/sponsor's income on the Federal income tax return does not meet or exceed 100% of the poverty guideline. The

petitioner/sponsor lists their current income on Form 1-864 as an amount to be considered as sufficient; however, no evidence

has been submitted as proof of current income.

=====ALSO INCLUDE LETTER OF EMPLOYMENT FROM YOUR WIFE (THOUGH I THINK THIS REFERS TO YOUR LACK OF LETTER ADDRESSED ABOVE).

PAGE4: Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor and household member(s),

the income did not meet 125% (l00% if military) of the federal poverty line for the petitioner/sponsor's household size.

Submit evidence of assets that meet the standards listed below or obtain joint sponsor.

=====REDUNDANT IF ABOVE IS INCLUDED. This is just to explain the possibility of assets.

Answered in detail above. Apologies for the caps, just typed that way to help me see where I typed You need to submit last year's COMPLETE tax return, and a letter from your employer (or 6 months of paystubs). The same for your wife. A lot of that stuff is general information on assets etc, which you won't need if you include a proper tax return and a current letter of employment.

Good luck.

[Reno911 0]

Answered and erased extraneous verbiage in the letter.

Answered in detail above. Apologies for the caps, just typed that way to help me see where I typed You need to submit last year's COMPLETE tax return, and a letter from your employer (or 6 months of paystubs). The same for your wife. A lot of that stuff is general information on assets etc, which you won't need if you include a proper tax return and a current letter of employment.

Good luck.

Thank you very much Harpa Timsah! An excellent and concise answer! Two questions; 1. Tax Return; I've filed and mailed the form 1040 to the IRS, so I don't have it. I've still a pdf copy, so I just print it out and send it? It has no official character.

2. My wife is unemployed. She worked at two different places in 2010, and hopefully will find something soon. She has the W2 from her recent employers. What else can we do?

[Harpa Timsah 13,258]

Yes, you can send a copy of your 1040. Please note that the tax return must be COMPLETE. That means you need the form itself, all w2s, 1099s, all schedules, everything you sent in. This varies from person to person, but your statement that a W2 is the same as a tax return has me a bit concerned. If you are unsure what a complete form for you would be, then you can contact IRS and get "tax transcripts" which includes everything. Some members report that IRS will fax you a copy the same day.

If your wife is not currently working, then your income must qualify on its own. (You obviously can't supply a letter of employment if she is not working ) Sounds to me like you need a complete tax return for yourself, and a current letter of employment for yourself. Make sure your wife's tax return is complete also. That should do it. Good luck.