I-854 & I-864a

[corey&eliseo 0]

Hey everybody... So, a few days after my husband's biometrics appointment, we received a letter in the mail regarding his pending I-864, I-131, and advanced parole. Apparently our AOS packet lacked sufficient INITIAL evidence. The following three problems were listed:

1- Submit a Federal Income Tax Return submitted to the IRS from the petitioner/sponsor on Form 1-864 (Affidavit of Support) for the most recent tax year.

??? I sent them the past THREE years of IRS transcripts!

2- The petitioner's/sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient, however, no evidence has been submitted as proof of current income.

??? NO EVIDENCE?! I sent them pay stubs for the past SIX months! I think the problem must be related to my employer's letter... the corporate office refuses to state ANYTHING other than date of hire and whether or not I'm still employed with them (No mention of my position held, wages, hours worked, prospects for advancement, etc).

3-Based on the documents submitted with Form I-864 (Affidavit of Support) for the petitioner/sponsor, the income did not meet 125% of the federal poverty line for the petitioner/sponsor's household size.

??? Doesn't this contradict the previous point? "The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient..."

*The letter then says to "Submit evidence of assets that meet the standards listed below or obtain joint sponsor."

So what's a girl without any assets to do? Beg her mother to be a joint sponsor?

[corey&eliseo 0]

My mom has agreed to be a joint sponsor. We will be sending her I-864, photo copies of her federal tax returns for the past 3 years, and evidence that she's a U.S. citizen. I'm also including an I-864a for myself... Is this necessary? The request for initial evidence letter made it sound like we would be joint sponsors. On the I-864, Part 5 asks for Sponsor's household size, listing this as OPTIONAL: If you have siblings, parents, or adult children with the same residence who are combining their income with yours by submitting Form I-864A, add them to the household size. My husband and I live with my mother. Other than my paying her rent every month, our finances are completely independent of one another. If I fill out the I-864A, will I be helping or hurting my case? And is it even necessary? It seems a bit redundant since USCIS already has my I-864.

Confused and loving every minute of it,

Corey

[ceadsearc 516]

I don't think the issue is the employer letter unless it is a new job.

The tax return - was it a COMPLETE tax return? It needs to be either a tax transcript from IRS or a complete return including ALL schedules AND W-2s. This is where most people to wrong.

[corey&eliseo 0]

I had the IRS email transcripts from the past 3 yrs and I included it all in the packet

Anyways, we've opted to use Mom as a joint sponsor... Do you think I need to fill out I-864A or no? Thanks Boliviano:)

Edited September 3, 2012 by corey&eliseo

[ceadsearc 516]

Sounds like an error on their part. Your mom can use the I-864A if you are combining your income with hers to qualify. She doesn't have to, though. If she makes enough for her household (herself, spouse if she has one, any dependents, and your husband) she can just submit an I-864 as well and qualify based on her income alone.

[Anh map 2,098]

Does your current annualized income meet the requirement? If yes, simply send the info. From what you are saying, the supporting documentation (transcripts, paystubs, etc.) did not make it into the working file. It may have been lost/misplaced at the service center. These mistakes do happen occasionally.

You as petitioner do not submit an I-864A.

[corey&eliseo 0]

I never thought of it before, but now that we're married, I had to claim a household of 2 (me and my husband). Maybe my income was no longer sufficient because of this? Either way, their notice seemed a bit contradicting. Regardless, I'll just send all of my mom's required documents and let her take the role of being sponsor. Keep your fingers crossed!

Thanks for your help guys, truly:)

p.s. I'll send them another copy of my most recent tax return, just for the hell of it

Edited September 4, 2012 by corey&eliseo

[Anh map 2,098]

If he came on a fiance visa then you had a household of 2 at that time as well.

Their notice wasn't contradictory. You listed an income that met the standard. However the adjudicator did not have the proof of that income.

The employer letter wasn't likely a problem if the paystubs support the income claim.

Mom will be the joint sponsor, but you will still be the primary sponsor. Mom only gets sued if you are unable to meet any obligation.