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Michael85.asl

Trying to avoid RFE for i-864

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My I-130 is of course still processing....

However I have already collected all documents and translations for finishing the entire process....

I have one question I have had a hard answering using the search. I do know of another member on here who made a very simple mistake and it cost them two months.

Situation:

I am using a joint-sponsor.

My joint-sponsor is my sister.

She is married and they file JOINT tax returns.

Her income is what we are sponsoring from.......her income alone is more than enough.

She has provided tax returns, w2's, employment letter, pay stubs all confirming HER income.

ON the i-864 form Part 6. question 5.

My current individual income is........... $29,xxx (hers alone)

Part 6. Person 1, 6a (blank)

Part 6 question 10.

My current Annual Household Income......... She put $29,xxx

The tax returns they send from 2010-12 all include BOTH incomes...they are joint tax returns.

However I do not have any of my Bro-in-laws w2's ect since we are not using him.

SO my question is:

Should I add him on Part 6, 6a (Income you are using from any other person who was counted in your household size...)

Then Part 6 question 10........ My current Annual Household Income is........ $50,xxx (joint amount) despite ONLY having the Tax returns to prove his income?

I'll re-read the instructions again........ I just don't want to make a simple mistake and loose 1-2 months if I don't have too.

Oh and Part 6 questions:

13, a, b, c (income for past 3 years)

Should they be HER income, or the Joint income?

Thank you all

Edited by Michael85.asl

Living in France since 04/04/2013

Married: 06/07/2013

USCIS:

Filed I-130: 08/02/2013 (filed from France)

NOA1: Date accepted: 08/06/2013

NOA2: Date recieved email 11/04/2013

NVC:

Received our file: 11/08/2013

File # and IIN 11/19/2013

expedite granted 11/21/2013

mailed to Embassy 11/21/2013

Embassy:

Received files 11/25/2013 (DHL)

CEAC "ready" 12/04/2013

Received packet from Embassy 12/10/2013

Submitted DS-2001 "ready for interview" 12/10/2013

Interview 12/19/2013 -Approved-

POE 02/02/2014

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anyone have any experience with this? I'm reading the instructins now but just want to make sure I am not mistaken.


Living in France since 04/04/2013

Married: 06/07/2013

USCIS:

Filed I-130: 08/02/2013 (filed from France)

NOA1: Date accepted: 08/06/2013

NOA2: Date recieved email 11/04/2013

NVC:

Received our file: 11/08/2013

File # and IIN 11/19/2013

expedite granted 11/21/2013

mailed to Embassy 11/21/2013

Embassy:

Received files 11/25/2013 (DHL)

CEAC "ready" 12/04/2013

Received packet from Embassy 12/10/2013

Submitted DS-2001 "ready for interview" 12/10/2013

Interview 12/19/2013 -Approved-

POE 02/02/2014

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I had the same questions, and after reading a bunch of posts on here about this topic I ended up doing this:

Joint sponsor's I-864:

Part 6 question 5: Joint sponsors income alone

Part 6, person 1, 6a: Added in joint sponsors spouse

Part 6 question 10: Total income of both joint sponsor and spouse from joint tax return

Part 6 question 13a,b,c: Total income as shown on joint tax return.

I then had my joint sponsor's husband fill out an I-864A to show that he was aware of the joint sponsor's commitment.

My mom was my joint sponsor and she is married and files jointly with her husband. She makes enough income on her own to meet the poverty guidelines, but it seemed that this was the safest way to do it. We provided my mom's pay stubs and their joint tax return transcripts, but no other additional information for her husband besides a copy of his passport bio page (pay stubs or any of that). My documents were approved without and RFE, but other people might have different experiences.

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To be honest, doing the affidavits of support with the I-864 with the person in the marriage who makes the most money and the I-864a with the person who makes less is much easier than trying to separate out incomes.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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I had the same questions, and after reading a bunch of posts on here about this topic I ended up doing this:

Joint sponsor's I-864:

Part 6 question 5: Joint sponsors income alone

Part 6, person 1, 6a: Added in joint sponsors spouse

Part 6 question 10: Total income of both joint sponsor and spouse from joint tax return

Part 6 question 13a,b,c: Total income as shown on joint tax return.

I then had my joint sponsor's husband fill out an I-864A to show that he was aware of the joint sponsor's commitment.

My mom was my joint sponsor and she is married and files jointly with her husband. She makes enough income on her own to meet the poverty guidelines, but it seemed that this was the safest way to do it. We provided my mom's pay stubs and their joint tax return transcripts, but no other additional information for her husband besides a copy of his passport bio page (pay stubs or any of that). My documents were approved without and RFE, but other people might have different experiences.

Thank you!

Yest that makes sense, better to give them too much than not enough. It would be simple to fill out a i-864a for my sister (co-sponsor) husband to be safe and not loose time getting a RFE.


Living in France since 04/04/2013

Married: 06/07/2013

USCIS:

Filed I-130: 08/02/2013 (filed from France)

NOA1: Date accepted: 08/06/2013

NOA2: Date recieved email 11/04/2013

NVC:

Received our file: 11/08/2013

File # and IIN 11/19/2013

expedite granted 11/21/2013

mailed to Embassy 11/21/2013

Embassy:

Received files 11/25/2013 (DHL)

CEAC "ready" 12/04/2013

Received packet from Embassy 12/10/2013

Submitted DS-2001 "ready for interview" 12/10/2013

Interview 12/19/2013 -Approved-

POE 02/02/2014

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Thank you!

Yest that makes sense, better to give them too much than not enough. It would be simple to fill out a i-864a for my sister (co-sponsor) husband to be safe and not loose time getting a RFE.

I agree! Better safe than sorry! Plus you can include tax transcripts vs tax returns (which your sister can obtain from an IRS office same day).


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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