Does my mom need to file form I-864A? (merged)

[Lu & Ni 30]

20 minutes ago, Timona said:

Did your husband sign an I-864A? He shouldn't have

No no, I did.

 

So basically I signed form I-864 and form I-864A along with my parents because I hadn't filed my taxes for 2021. Also, I live with my parents and we split half half rent, so it was better to file I-864A.

Edited August 1, 2022 by Lu & Ni

[Lu & Ni 30]

On 3/2/2022 at 10:12 AM, Villanelle said:

If you can't delete your previous post due to forum time limits for editing you can use the report button on the top of the post and ask the mods to delete it for you ok?

 

Please re read the 2 scenarios. In scenario 1 the household size is 3. Using dad as a household member means you only include dad. This is the best option. With your assets (30k in bank) and dads income (25k)+ assets (67) you should qualify. 

 

Scenario 2 would be your 864 showing assets that won't be enough. Adding Dad as a joint sponsor on a second 864 would be for him, mom, 2 kids and immigrant. Size 5. 

 

 

 

Hi, I received RFE for affidavit of support. Could you please advise what would be better to do? 

 

They're asking for evidence to proof my household members (parents) and I are related and that we live in the same house. What should I submit for it? Also I filed 2021 taxes and make above poverty line..should I send my tax return as well, just in case ?

[Villanelle 4,121]

You submit what they asked for.  

 

So for parents to be considered as household members you either need to be listed on their taxes (you aren't right?) OR you submit proof they are your parents and you share an address.  Your birth certificate with their names shows relationship. Driver licenses can show shared address. 

 

You can also send your most recent taxes (2021) along with an updated 864 and 864a. 

[Lu & Ni 30]

1 hour ago, Villanelle said:

You submit what they asked for.  

 

So for parents to be considered as household members you either need to be listed on their taxes (you aren't right?) OR you submit proof they are your parents and you share an address.  Your birth certificate with their names shows relationship. Driver licenses can show shared address. 

 

You can also send your most recent taxes (2021) along with an updated 864 and 864a. 

Thank you so much, I really appreciate your help 🙏

[Timona 3,970]

He shouldn't be. Even the RFE is telling you to prove that. That's where the problem is.

 

Lemme call @JeanneAdil. I think she's good at this area

[Lu & Ni 30]

26 minutes ago, Timona said:

He shouldn't be. Even the RFE is telling you to prove that. That's where the problem is.

 

Lemme call @JeanneAdil. I think she's good at this area

Thank you so much! 

My husband didn't sign form I-864A. The ones that signed were my parents. 1 form for my dad and another form for my mom as they both are my household members. My husband didn't sign anything.

 

So far I'm thinking of sending our driver's licenses (parents and I) to show proof of shared address and will send my birth certificate with my parents name and mine to show proof that we are related. Plus will send an updated I-864 with my recent taxes and I-864A. What do you think?

[Timona 3,970]

1 hour ago, Lu & Ni said:

So far I'm thinking of sending our driver's licenses (parents and I) to show proof of shared address and will send my birth certificate with my parents name and mine to show proof that we are related. Plus will send an updated I-864 with my recent taxes and I-864A. What do you think?

 

I what you're attempting will cause more confusion. The RFE letter is pretty straight forward on what needs to be fixed. From what I read, the petitioner also had his own I-864A/ you attempted to list him as a dependent. RFE says that the only allowed legal dependents are the ones listed on IRS...so if he wasn't, you can't list him. Additionally, the criteria to who is a qualified household member does not extend to your husband. 

 

So, I'd suggest do the OR (last paragraph of page 1). It's the easiest way out. 

@Rocio0010 @ROK2USA

[Family 3,556]

6 hours ago, Lu & Ni said:

So my husband (beneficiary) and I (petitioner) received this RFE for AOS.

Short story long, we filed form I-864 and form I-864A with my parents as we lived with them. They sent us this RFE (attached) but now we don't need their affidavit anymore as we finally filed our taxes and made a bit above poverty line. 

 

Should I just submit our taxes and a letter explaining that we no longer need my parents? Or if it's easier what should I submit of proof that my parents are my household members and that

1. If you no longer “ live with” your parents , they cannot do an I-864 A ( as household members)…BUT they CAN do an I-864 as Joint Sponsor. 
 

2. The qualifying income on your taxes is ONLY the part that YOU ( the USC earned ) see your W-2 and your husband’s income cannot be used to qualify unless he had a work authorization ( example DACA, H-1 works visa etc)..

 

So you can just respond with a short letter stating , what you are enclosing 

 

[Rocio0010 5,573]

21 hours ago, Lu & Ni said:

made a bit above poverty line. 

How much is “a bit”?

[Lu & Ni 30]

Just now, Rocio0010 said:

How much is “a bit”?

For 2 people is $22,887 and I made $32,000+ 

[Lu & Ni 30]

15 hours ago, Family said:

1. If you no longer “ live with” your parents , they cannot do an I-864 A ( as household members)…BUT they CAN do an I-864 as Joint Sponsor. 
 

2. The qualifying income on your taxes is ONLY the part that YOU ( the USC earned ) see your W-2 and your husband’s income cannot be used to qualify unless he had a work authorization ( example DACA, H-1 works visa etc)..

 

So you can just respond with a short letter stating , what you are enclosing 

 

1.We still live with my parents in the same apartment and share utilities.

 

2. I have a rental house and a part time job so it's pretty much only my income that's in the taxes. 

 

I think you're right. I'll add a letter along with evidence, just in case lol 

[Lu & Ni 30]

15 hours ago, Timona said:

 

I what you're attempting will cause more confusion. The RFE letter is pretty straight forward on what needs to be fixed. From what I read, the petitioner also had his own I-864A/ you attempted to list him as a dependent. RFE says that the only allowed legal dependents are the ones listed on IRS...so if he wasn't, you can't list him. Additionally, the criteria to who is a qualified household member does not extend to your husband. 

 

So, I'd suggest do the OR (last paragraph of page 1). It's the easiest way out. 

@Rocio0010 @ROK2USA

Oh wait I see what's the confusion. So in the first page (second pic) the crossed out names are my mom's and my dad's name, not mine or my husband. They both were the only ones to fill out form I-864A. I filed I-864 as the sponsor. 

 

And thank you! Yes, I believe it's the easiest way out just doing the OR 😂 sorry, I'm overthinking this so much

[JeanneAdil 6,259]

you say u no longer need joint sponsor as slightly above the poverty guidelines now/  i would still do the joint sponsor as "slightly above "   sometimes does not "cut the mustard"  with  immigration

 

 

the officer can ask for a joint sponsor based on what they consider totality of circumstances 

pages 2 thru 8 of the following site explain from USCIS what is meant by positive and negative "totality of circumstances"

 

which include being able to afford health care insurance or add the bene to a work policy or for your AOS have u done it

how long you have worked and made the "above poverty line"  income 

 

its good to read from the site and understand if any of the negatives apply to your case

Best to u both

 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/Appendix-TotalityoftheCircumstancesFramework.pdf

 

and i didn't have to AOS so i am in the dark about a lot of this and will never pretend i know what u all go thru

[Family 3,556]

14 minutes ago, Lu & Ni said:

We still live with my parents in the same apartment and share utilities.

 

2. I have a rental house and a part time job so it's pretty much only my income that's in the taxes. 

 

I think you're right. I'll add a letter along with evidence, just in case lol 

Your parents are willing to help so just accept because they will only take the W-2 income ( part time job $ number from current paystub) and for rental income you would need to jump some hoops.

 

So Your simple RFE just wants you to prove Household Members Status and you correctly listed it in earlier post without redoing anything ( add the shared utilities showing same address)

[Timona 3,970]

18 minutes ago, Lu & Ni said:

Oh wait I see what's the confusion. So in the first page (second pic) the crossed out names are my mom's and my dad's name, not mine or my husband. They both were the only ones to fill out form I-864A. I filed I-864 as the sponsor. 

 

And thank you! Yes, I believe it's the easiest way out just doing the OR 😂 sorry, I'm overthinking this so much

 

1.The person who's name appears first on IRS transcript/ head of household should sign I-864.

2. The person who files jointly with the above should sign I-864A. In your case, they'll be 2 - you, as you're listed as a dependent and either mom/ dad, depending on who signed 1 above.

3. Now, you need to also fill out your own I-864 as the petitioner and list your zero income on it. This is a MUST. 

 

So the OR at the bottom of page 1 of RFE is asking for you to prove the dependent persons relationship. It tells you what exactly to do. Furnish this..

 

Any more questions?