I-864 Question

[Options_32 0]

Hello everyone,

 

My wife (sponsor) and I (sponsoree) filed for the marriage based green card earlier this year. The issue is she is unemployed and I am the sole provider (H1-B status) for our income. When we filed for the I-864 we had put my income in as the support for our household. We got an RFE yesterday stating that there were one or more deficiencies and I was not sure if it's because I had submitted my paystub and W2. Or if it's not possible for me to provide income because I am the one being sponsored. Does she need a cosponsor in this case, like a family member or friend? Just wanted some clarification before I send in another I-864 with the supporting documents.

 

Here is our RFE

 

When they say one or more deficiencies, does it mean there was a typo or was there something actually lacking? 

[arken 4,197]

Did you include a letter from your employer that you employment will continue after you become the permanent resident?

[Villanelle 4,121]

Seems like you sent an outdated form or not all the pages. Download the current version directly from USCIS website and check it against what you sent. Version information is in small print in the margins.

[Options_32 0]

12 minutes ago, arken said:

Did you include a letter from your employer that you employment will continue after you become the permanent resident?

Thank you for you reply.
I did not. This is required if I am going to be the sole provider so it does not put me in the public charge situation right? Thank you for you reply.

10 minutes ago, Villanelle said:

Seems like you sent an outdated form or not all the pages. Download the current version directly from USCIS website and check it against what you sent. Version information is in small print in the margins.

Thank you for you reply. I will thoroughly go through everything and make sure the most updated one is submitted.

[Villanelle 4,121]

Were you able to determine if you sent an outdated version?

 

And yes, you should include a letter from your employer stating your income/job will continue.

[Options_32 0]

34 minutes ago, Villanelle said:

Were you able to determine if you sent an outdated version?

 

And yes, you should include a letter from your employer stating your income/job will continue.

Thank you for checking back up. I just spoke with my lawyer and the expiration for the I-864 was 9/27/21. So I believe it is the outdated version. 

Also, found out that the paralegal had entered birthday incorrectly on the first submission, so I am glad we get to submit a new form.

 

So the letter has to be a separate one from my contract that I signed with them stating my income/employment?

 

Also, on Part 5 of I-864, Sponsor's Household Size. If I am the intending Immigrant that is the sole provider for our house hold (wife is unemployed). Would I put a "0" in Part 5, subsection 3 (If you are currently married, enter "1" for your spouse)?

Previously, I had put "1" in subsection 1 (Persons you are sponsoring in this affidavit) and had a "1" in subsection 3. I missed the section where it says "Note: Do not count any member of your household more than once"

The cropped picture I have below is correct right? The Part 5, subsection 3 question seems a little confusing.

[arken 4,197]

On 8/7/2022 at 1:23 PM, Options_32 said:

Thank you for you reply.
I did not. This is required if I am going to be the sole provider so it does not put me in the public charge situation right? Thank you for you reply.

Read the i864 instructions carefully and follow it not to get denied. Your wife is the sponsor. She will be including your (the intending immigrant) income in her i864 to satisfy the household income requirement. 
 

I864 instructions page 8

 

2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status.

 

[Options_32 0]

On 8/8/2022 at 10:45 AM, arken said:

Read the i864 instructions carefully and follow it not to get denied. Your wife is the sponsor. She will be including your (the intending immigrant) income in her i864 to satisfy the household income requirement. 
 

I864 instructions page 8

 

2. If you included the income of the intending immigrant who is your spouse (he or she would be counted in Part
5., Item Number 1.), you must provide evidence that his/her income will continue from the current source after obtaining lawful permanent resident status.

 

On my USCIS account it says I can only submit up to 5 documents for my RFE.

I feel like I will be submitting more than 5 documents... 
Do I have to send everything again? Like my wife's birth certificate?

 

These are the documents I am wanting to send.

- new, up-to-edition I-864

-recent paystubs (6 months)

-2021 tax transcript

-electric/internet bill to prove residency together

-letter of employment to prove the current source of income will continue after obtaining lawful permanent resident status

-cover letter to explain the situation

[arken 4,197]

3 hours ago, Options_32 said:

electric/internet bill to prove residency together

Not needed, doesn't serve any purpose for i864.

 

3 hours ago, Options_32 said:

cover letter to explain the situation

Not needed, what situation. Just upload the form and supporting documents.

 

3 hours ago, Options_32 said:

letter of employment to prove the current source of income will continue after obtaining lawful permanent resident status

Does it call out the continuation of income after you become an LPR part?

 

 

[Options_32 0]

5 hours ago, arken said:

Not needed, doesn't serve any purpose for i864.

 

Not needed, what situation. Just upload the form and supporting documents.

 

Does it call out the continuation of income after you become an LPR part?

 

 

Okay sounds good about the other parts.

 

As for the letter from my employer. This is what they wrote since I am on a renewing contract.



This is sufficient right? It doesn't say it word for word that they'll continue to source the income after I gain LPR, but the contracts are renewable since they expire. 

[Chancy 6,233]

*** Moved from AOS from K1 Visas forum to AOS from Work/Student/Tourist Visas forum -- OP is adjusting from a work visa, not K1 ***