I-864 Questions

[Kristi&Luigi 157]

8 minutes ago, Naes said:

You can’t submit more evidence along the way, but I-864 rfes usually comes within the month.

 

you can calculate your annual income and that would work.

 

the problem is there are a lot of people getting rfes these days even when they income looks sufficient, because the taxes not looking sufficient. That is why I suggested a joint sponsor.

 

but your income would normally be ok to use, even if you haven’t received it all yet. A letter from employer would be a good evidence along with paystubs 

I'm getting a letter of employment from HR tomorrow. Is HR fine? Or do I need to reach out to the founder? Also what should the letter look like? 

[K1visaHopeful 2,662]

15 minutes ago, Naes said:

You can’t submit more evidence along the way, but I-864 rfes usually comes within the month.

Right, as as soon as they issue that she will be sh_t out of luck as she wouldnt have accumulated enough paystubs yet is what I was trying to say. She would have to satisfy the RFE in that moment with what she has, and without enough paystubs to prove her income is stable and meets the 125%, she will most likely need a JS. 

 

you can calculate your annual income and that would work.

 

the problem is there are a lot of people getting rfes these days even when they income looks sufficient, because the taxes not looking sufficient. That is why I suggested a joint sponsor. Agreed!

 

but your income would normally be ok to use, even if you haven’t received it all yet. A letter from employer would be a good evidence along with paystubs But a lack of paystubs might not be good enough with no prior taxes filed. All I'm saying.

And I agree with you, lol.

[K1visaHopeful 2,662]

15 minutes ago, Kristi&Luigi said:

I'm getting a letter of employment from HR tomorrow. Is HR fine? Or do I need to reach out to the founder? Also what should the letter look like? 

HR is perfect.

Employer letter head.

Predicted annual or monthly salary.

Whether employed part time or full.

How long employed for.

You can Google "employment verification letter USCIS" and many examples will come up.

[Kristi&Luigi 157]

7 minutes ago, K1visaHopeful said:

And I agree with you, lol.

So should I get a JS ready for an RFE then? 

The problem is we can wait that's not an issue. But we are already late to file AOS plus we are planning for a trip around Aug-Sept so I'm trying to file everything as soon as possible in order to get that AP... 

[Naes 12,205]

I filed mine with js, we were in a similar situation with last year’s taxes not being enough and not having enough paystubs for the new year. I’ll be taking an updated I-864 to interview if they say we can file without a js when we are there then we will switch. I just didn’t want any extra. Cause rfe stops timelines in this process as far as I realized. I may be wrong. 

[K1visaHopeful 2,662]

1 minute ago, Kristi&Luigi said:

So should I get a JS ready for an RFE then? 

I would for sure as your JS might not have filed taxes either yet and may need to use their 2018 to meet the 125%. I wouldnt want to wait until after the RFE was issued as you would have a short time period to respond. 

 

The problem is we can wait that's not an issue. But we are already late to file AOS plus we are planning for a trip around Aug-Sept so I'm trying to file everything as soon as possible in order to get that AP... 

Well then you are in a dilemna. You are going to have to weigh the risks. If you have a JS handy then file now. If you dont then you may have to postpone filing AOS until you have more income reported on paystubs proving stability and then postpone your trip as AP takes 4 to 6 months to process currently.

Either way I'm rooting for ya, fellow Adulter! 

[K1visaHopeful 2,662]

1 minute ago, Naes said:

I filed mine with js, we were in a similar situation with last year’s taxes not being enough and not having enough paystubs for the new year. I’ll be taking an updated I-864 to interview if they say we can file without a js when we are there then we will switch. I just didn’t want any extra. Cause rfe stops timelines in this process as far as I realized. I may be wrong. 

RFE definitely stops them from processing anything further until you comply.

[Kristi&Luigi 157]

7 minutes ago, K1visaHopeful said:

Either way I'm rooting for ya, fellow Adulter! 

Haha thanks. 

I have someone that could co-sponsor. The same one that CSed our k-1. but they gave me the hardest time, other then them, i don't know anyone else... I will have them prepared for an rfe but i really hope i don't have to resort to that.

[K1visaHopeful 2,662]

11 minutes ago, K1visaHopeful said:

RFE definitely stops them from processing anything further until you comply.

And that includes your EAD and AP. They will stop processing those too until you satisfy the RFE.

[Kristi&Luigi 157]

7 minutes ago, K1visaHopeful said:

And that includes your EAD and AP. They will stop processing those too until you satisfy the RFE.

One of my husbands friends is getting married so we can't really delay the trip. 

 

I guess my best option is to risk it and see if we get through... if they rfe include the cs. anyway they wont deny us on it so the worst that can happen is we miss the wedding, right? 

[K1visaHopeful 2,662]

4 minutes ago, Kristi&Luigi said:

One of my husbands friends is getting married so we can't really delay the trip. 

 

I guess my best option is to risk it and see if we get through... if they rfe include the cs. anyway they wont deny us on it so the worst that can happen is we miss the wedding, right? 

Provided you JS meets the 125% too and provides the proper financial documents giving evidence of that, you should be able to satisfy the RFE if a JS is required. Cant say that your JS would though. That's unknown. Yes, worst case scenario if your JS was accepted but your application was delayed because of an RFE, you may miss the wedding. But I doubt it if you file now.

Edited February 17, 2019 by K1visaHopeful

[Kristi&Luigi 157]

8 minutes ago, K1visaHopeful said:

Provided you JS meets the 125% too and provides the proper financial documents giving evidence of that, you should be able to satisfy the RFE if a JS is required. Cant say that your JS would though. That's unknown. Yes, worst case scenario if your JS was accepted but your application was delayed because of an RFE, you may miss the wedding. But I doubt it if you file now.

Alright. Yes my JS's i-134 got accepted and he has remained with the same job. 

[Kristi&Luigi 157]

9 minutes ago, K1visaHopeful said:

Provided you JS meets the 125% too and provides the proper financial documents giving evidence of that, you should be able to satisfy the RFE if a JS is required. Cant say that your JS would though. That's unknown. Yes, worst case scenario if your JS was accepted but your application was delayed because of an RFE, you may miss the wedding. But I doubt it if you file now.

Thanks for all the help. I will follow this plan and keep my fingers crossed. 

[K1visaHopeful 2,662]

Just now, Kristi&Luigi said:

Alright. Yes my JS's i-134 got accepted and he has remained with the same job. 

Right but the I864 is much stricter as it's a legal contract. So no one can really say whether or not a sponsor will meet the requirements. Just know that they look at the totality of one's financial situation and that it's scrutinized more intensely than an I134.

[Kristi&Luigi 157]

5 hours ago, NikLR said:

 

from the i-864 instructions. I guess I need to put "N/A" and not "not required to file" ? 
 

Thank you for your help! 

 

Also what should I put on 24.a.? is the most recent tax year 2018? And if I haven't filed  yet what do I put in that space?