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I-864 Affidavit of Support Initial Evidence Request

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Good Morning All

Yesterday we received a request for additional information for the I-864 Affidavit of Support. I am the immigrant, and my husband is a US citizen and is the sponsor.

It said "the petitioner/sponsor's income on the Federal income tax return did not meet or exceed 125% of the poverty guideline. The petitioner's sponsor lists their current income on Form I-864 as an amount considered as sufficient, however no evidence had been submitted as proof of current income:

Submit evidence of the petitioner's current income, such evidence should include:

Letter of employment containing the following:

*dates of employment

-nature of the job

*yearly 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.

It also said we need to submit the last 12 months of bank statements or obtain a co-sponsor. My husband's father could be our co-sponsor but I wanted to check if he lives at a different address can he still be our sponsor?

Does a 'household' mean family members (siblings, parents, spouses) which can live under different addresses, or does it mean under one particular roof?

If my father in law can be our sponsor, how long does he remain one for? and what exactly is he responsible for?

Thank-you!

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I'm assuming you are filing for a CR1/IR1, not a F1 student visa.

If you're husbands income doesn't meet the requirements, your father-in-law could be a co-sponsor. Instead of filling out the same household form (i864a I think) he would fill out the same form your husband filled out.

(My income was not enough and my mother at a different address was our co-sponsor.)

He would be responsible for you as much as your husband. The time on the form is 40 quarters of work (ten years). Basically, if your husband fails to support you, your father-in-law must. As far as I understand you are not eligible for welfare benefits. If you go on them, your spouse and father-in-law could be responsible for paying them back even if for some reason you and your husband are no longer together.

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1) First question is does your husband make enough?

Your RFE sounds like he filled out his form with a salary that is enough, but he didn't prove it. He can either prove it better or get a joint sponsor.

2) What did he send as evidence?

3) Last question is why haven't you read the I -864 instructions?

See page 9, #9, What is a Joint Sponsor?

Page 10, #11, How Long Does My Obligation As A Sponsor Continue?


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Did you submit an IRS transcript or his last tax return? That's like the bare minimum to submit as proof.


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