AOS from ESTA - RFE for I-864A

[DarkStarx97 1]

Hey,

 

So wife (US Citizen) and myself (UK Citizen) submitted all our AOS docs when I was visiting in the US. I've had my RFE for medical which is nice!

But it also included an additional ask for the submitted I-864A - Because my wife was between jobs we used her father to cover the income.

 

He makes above the threshold and I figured this would be a smooth and simple part. However they're included the ask for:

 

"To be considered 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 principal address as the sponsor AND be a qualifying relative.

 

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."

 

I just want to check, firstly was I right in submitting an I-864A instead of an I-864?

Secondly if the I-864A is correct what classes as evidence of residence? We have letters etc addressed to both my wife and father in law to the same address, employment contracts etc so I'm not too worried about providing it - I just want to make sure I cover that off correctly.

*Thirdly if I should have submitted an I-864 instead of an I-864A, 1. does it matter now they're only asking for proof of residency? 2. If it matters how do I submit the right form in it's place?

 

Appreciate any and all help on this, I feel like I should be fine just clearing up the I-864A address with sufficient evidence and sending off my medical but I want to be sure so I'm a bit more stress free once I've sent it and I'm back to waiting!

 

Thanks all!

[nastra30 1,992]

*What Affidavit of Support form did spouse submit?

*What Affidavit of Support form did Father-in-Law submit?

*Is FIL married? And Does FIL file MFJ tax returns?

*Do spouse and FIL live at the same address and is one a dependent on the other's tax return?

[DarkStarx97 1]

Spouse submitted I-864

FIL Submitted I-864A

Yes FIL is married and files MFJ Tax Returns (We're only using his income though, we used his income and pay slips alongside the tax transcripts to show proof of his incomes out of the total etc)

Spouse and FIL live at same address, not dependant on tax returns (Though FIL is a qualifying relative so should be all good on that side)

[nastra30 1,992]

11 minutes ago, DarkStarx97 said:

Spouse submitted I-864

FIL Submitted I-864A

Yes FIL is married and files MFJ Tax Returns (We're only using his income though, we used his income and pay slips alongside the tax transcripts to show proof of his incomes out of the total etc)

Spouse and FIL live at same address, not dependant on tax returns (Though FIL is a qualifying relative so should be all good on that side)

*Spouse correctly filed correct form - I-864

*FIL should file I-864 as joint sponsor and MIL should file I-864A as FIL's household member(safest thing to do since they file taxes as MFJ so it's a joint income)

 

Or if you still want to maintain FIL's I-864A, then submit proof as requested.

 

Good luck

 

Edited January 8 by nastra30

[nastra30 1,992]

16 minutes ago, nastra30 said:

Or if you still want to maintain FIL's I-864A, then submit proof as requested

 

This below should be fine. And add birth certificate to proof relationship with spouse and FIL.

 

44 minutes ago, DarkStarx97 said:

We have letters etc addressed to both my wife and father in law to the same address, employment contracts etc so I'm not too worried about providing it

 

[DarkStarx97 1]

Awesome, thank you!

 

I was curious about the birth certificate, as we'd already submitted one but likely not directly with the I-864/A's so that might be why. I'll send another copy back with the I-864A evidence.