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dai2403

Help with AOS-RFE

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Hi everyone . I started the AOS in august , I came to the US under a K1 visa and when I applied for my k1 , i didnt need a co sponsor but after moving here, me and my husband moved to another state to live with his parents so he had to quit his previous job, right now he is not making enough money so we needed a co sponsor in this case, his step father. I sent everything for the AOS . For my husbands form form 864 , i attached , w2, tax return, pay stubs all I could , and also sent a 864A ( because we live in the same house, so I thought the 864A was the correct form in this case)for his step dad with his last tax return , all his pay stubs, w2... after 2 weeks i got an RFE saying :

" submit all supporting tax documentation(w2 , and all supporting tax schedules )

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year "

and after that , they say that the income didnt meet 125% of the poverty guideline . Which i already knew , thats why I sent the co sponsor's information..

The RFE said that i had 2 options , send my husbands papers again proving that he makes enough , or obtain a Joint sponsor .. but oh my God " i already had a co sponsor " so whats the problem??

Then I sent my co sponsor's again amd AGAIN i made a mistake , i sent the form 864a for my co sponsor ( joint sponsor) just because he lives in the same house as me and i thought the he was a household member but after that i found out he is not . I got my second RFE letter today :

[x] The household member submitted Form I-864A, contract between Sponsor and household member. To be considerered as a household member, the individual must be listed as a dependent on the sponsor's federal income tax return OR must reside at the same address as the sponsor AND be related to the sponsor as a spouse , adult child, parent , sibling.

submit evidence that the household member is listed as a dependent on the sponsor's federal income tax return OR

SUbmit evidence that the household member resides at the same principal address as the sponsor AND is related to the sponsor as a spouse , adult child, parent or sibling.

if you decide to obtain a joint sponsor they will need to : file the form 864 , provide copies of most recent federal income tax return, copies of all supporting tax documents , evidence of their status as USA CITIZEN.

[x] based ond the documents submitted with form 864 for the petitioner , the income didnt meet the 125% of the poverty guideline for the sponsors household size.

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

Evidence of assets includes

Bank statements covering 12 months

Etc

IF you decide to obtain a joint sponsor they will need to :

File form 864

Copies of most recent federal income tax return

Copies of all suppprting tax documents

Evidence of their status as a USA citizen.

Thats what my second Rfe says,

I understood that I should send a Form 864 instead of a form 864a for my co sponsor ( which is my husbands step father who lives with us) and also they say that mu husband doesnt meet the 125% of the poverty guideline , OK and I cant send any other proof to show he make enough so I should just ignore that and just send the form 864 and the my co sponsor's documents attached to the form 864 ? ... I would like to do everything the correct way because thats my second RFE and Im so tired, any help is welcome , thank you everyone

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