Who is supposed to send i-864? I got letter from USCIS saying I did it wrong

[blamu2 0]

Hi everyone.

Me and my american wife applied for me to get a green card. The whole package. i-130, i-485, i-765, i-864 and all the other requirements for those documents.

It's important to note that my wife is not the sponsor but our very good friend.

I carefully read instructions for all of them and sent everything in one big package. Payment was approved and I already got my biometrics done. However the day

after the biometrics I got a 2 page pink letter from USCIS telling me that I have made 3 errors on my application and they cannot proccess my i-765. The 3rd error

was a non translated birth certificate and its totally my fault I understand that but the 2 other errors are weird. Im going to cite them here exactly as they were written.

Error no 1

Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponsor.

Please submit a completed, and signed Form I-864 with a revision date of 03/22/13, for the petitioner/sponsor listed on Form I-130. bla bla bla

Does that mean my wife has to submit I-864 also even though she wont be sposnoring me? I've read so much on the subject but nobody mentioned that before.

Error no 2

Based on documents submitted with FormI-864, Affidavit of Support, for the join sponsor's, the income did not meet 125% of the federal poverty line for the joint sponsor household size.

Of course I understand what that means but I've sent last 5 weeks of my forreign bank account activity showing balance in forreing currency that I have a mastercard for and can use at any time just like a normal credit card from US, (the currency is automatically converted). And the balance on that account is enough to suplement my sponsors income. However I counted my sponsor, her husband and me as the household size. Thats 3. So my questions is: Do I have to count my wife even though she is not the sponsor? And that made it 4 and thats why they rejected it?

Or they rejected it because my bank statements are not sufficient proof? Since its forreing or whatever

Thanks for any help

[stevie b 141]

Hi everyone.

Me and my american wife applied for me to get a green card. The whole package. i-130, i-485, i-765, i-864 and all the other requirements for those documents.

It's important to note that my wife is not the sponsor but our very good friend.

I carefully read instructions for all of them and sent everything in one big package. Payment was approved and I already got my biometrics done. However the day

after the biometrics I got a 2 page pink letter from USCIS telling me that I have made 3 errors on my application and they cannot proccess my i-765. The 3rd error

was a non translated birth certificate and its totally my fault I understand that but the 2 other errors are weird. Im going to cite them here exactly as they were written.

Error no 1

Does that mean my wife has to submit I-864 also even though she wont be sposnoring me? I've read so much on the subject but nobody mentioned that before.

Error no 2

Of course I understand what that means but I've sent last 5 weeks of my forreign bank account activity showing balance in forreing currency that I have a mastercard for and can use at any time just like a normal credit card from US, (the currency is automatically converted). And the balance on that account is enough to suplement my sponsors income. However I counted my sponsor, her husband and me as the household size. Thats 3. So my questions is: Do I have to count my wife even though she is not the sponsor? And that made it 4 and thats why they rejected it?

Or they rejected it because my bank statements are not sufficient proof? Since its forreing or whatever

Thanks for any help

yes your usc spouse is the one who files the 864.

on the 864 is a section where your assets can combine with hers with appropriate documentation of course

you will not fill out a 864

[Harpa Timsah 13,258]

The spouse/petitioner needs to submit their own I-864 with complete tax returns, even if they do not qualify as the sponsor. Then the sponsor will also submit an I-864.

[HollyGolightly 72]

Quoting the USCIS website pertaining to Affidavit of Support/form I-864:

Sponsor for Affidavit of Support

If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases.

Joint Sponsor

A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

Substitute Sponsor

If the visa petitioner has died after approval of the visa petition but U.S. Citizenship and Immigration Services (USCIS) decides to let the petition continue, a substitute sponsor must file a Form I-864 in place of the deceased visa petitioner. In order to be a “substitute sponsor,” you must be related to the intending immigrant in one of the following ways:

• Spouse
• Parent
• Mother-in-law
• Father-in-law
• Sibling
• Child (if at least 18 years of age)
• Son
• Daughter
• Son-in-law
• Daughter-in-law
• Sister-in-law
• Brother-in-law
• Grandparent
• Grandchild
• Legal guardian of the beneficiary

You must also:

• Be U.S. citizen or national or a permanent resident
• Be at least 18 years of age
• Be domiciled (live) in the United States
• Meet all of the financial requirements of a sponsor pursuant to INA 213A

The substitute sponsor assumes all of the obligations of an I-864 sponsor.

Edited September 15, 2013 by HollyGolightly

[blamu2 0]

So whoever is sponsoring, my wife also files I-864 even if she doesnt work?

And also. Is there a way for me to confirm that they count my forreing savings? Because I'm still not sure if they accepted it. They didn't mention it in the errors but the error no 2 could have it kind of included without saying it.

[Harpa Timsah 13,258]

So whoever is sponsoring, my wife also files I-864 even if she doesnt work?

And also. Is there a way for me to confirm that they count my forreing savings? Because I'm still not sure if they accepted it. They didn't mention it in the errors but the error no 2 could have it kind of included without saying it.

Yes, your wife is the sponsor even if she doesn't work.

As far as I know, you cannot add your assets to a joint-sponsor's form. The joint sponsor needs to qualify on their own. So it doesn't matter if they accept your savings or not.

[HollyGolightly 72]

The petitioning relative should be the sponsor. In this case, your wife should be your sponsor and file form I-864. If her income is insufficient you can submit evidence that shows you (the beneficiary) have enough income to supplement the deficit through bank statements, properties or other sources of income that will continue after your immigration to the US (ex. rental income from property abroad); or you can have a joint sponsor (ex. a parent or relative but need not be related) in order to comply with the 125% income requirement.

[blamu2 0]

Thanks for clearing this up guys

[blamu2 0]

I got another request for evidence, I think I'm pretty much done this time. Sucks I've wasted 1500 to apply.

basically the situation is like this: theres 4 people: me, my spouse, our friend joint sponsor and her husband.

my wife makes 13k a year, she works part time only fresh out of college, our friend joint sponsor makes 18k.

thats 31k together. (we cant count her husband because he doesnt agree to help)

poverty level for 4 people is;23,550 and 125% of that is:29437.5

That means we are over the requirement.

But the letter reads

Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125% of the federal poverty line.

Why?

[Darnell 8,478]

So whoever is sponsoring, my wife also files I-864 even if she doesnt work?

Your wife is the primary sponser and she needs to submit an I-864, even if 0 income or assets.

There is NO WAY to get around that.

[blamu2 0]

please read my most recent post, Its another problem now

[Pamala Bull 4]

i dont think u can add the sponsors together , the co-sponsor has to make over the poverty on her own.

you cant add you wife and friends income together . I think thats why they sent you another RFE.

[Pitaya 2,576]

OP:

[KayDeeCee 4,892]

I got another request for evidence, I think I'm pretty much done this time. Sucks I've wasted 1500 to apply.

basically the situation is like this: theres 4 people: me, my spouse, our friend joint sponsor and her husband.

my wife makes 13k a year, she works part time only fresh out of college, our friend joint sponsor makes 18k.

thats 31k together. (we cant count her husband because he doesnt agree to help)

poverty level for 4 people is;23,550 and 125% of that is:29437.5

That means we are over the requirement.

But the letter reads

Why?

What visa are you adjusting status from?

You do not add the primary petitioner/sponsor's income on their I-864 with that of a joint sponsor's from their own separate I-864. Please read through the I-864 and have your wife read through it too. You are not understanding many aspects of the form and its requirements. http://www.uscis.gov/files/form/i-864instr.pdf

Your wife supplies her I-864 and she only makes $13k, so that is why a joint sponsor is needed. You can add your assets on her I-864. Assets are explained on page 7 of the instructions.

The joint sponsor fills out their own I-864 and they must meet the 125% requirement on their own. They do not combine incomes with your wife. Your joint sponsor only makes $18k and that is not even enough for a household of 2. If her spouse will not agree to add his income with hers in order to sponsor you, then you need to find a new joint sponsor that does qualify because your current one does not.

[blamu2 0]

So what youre saying is that our joint sponsor would have to make 30k by herself? And doesnt matter at all how much my wife makes, might aswell make nothing?