I864 Issue Regarding Income

[HelloDKS 1]

Hi all.

We are currently in the last stages and have uploaded everything but the RCMP police certificate.

Originally, when we filed our i130, we had both of my wife's parents listed as joint household members. They filed taxes jointly.

Sadly her mother passed away in Feb of this year. ( 2024 )

We have been informed by the NVC that we do not meet the requirement for sponsoring as we have listed my wife ( who does not work ) and her father. It is likely that he will gain survivor benefits. Just looking for some advice on what to do - should we collect assets and use them ( 3 cars, all paid off, home paid off, savings account, trust funds ) or ask my wife's sister to joint sponsor us.

This is a difficult time and not sure what would be easiest & best to ensure I can be there.

We did try to expedite due to situation but it was denied.

Appreciate any help/knowledge.

Thanks.

[pushbrk 12,968]

4 hours ago, HelloDKS said:

Hi all.

We are currently in the last stages and have uploaded everything but the RCMP police certificate.

Originally, when we filed our i130, we had both of my wife's parents listed as joint household members. They filed taxes jointly.

Sadly her mother passed away in Feb of this year. ( 2024 )

We have been informed by the NVC that we do not meet the requirement for sponsoring as we have listed my wife ( who does not work ) and her father. It is likely that he will gain survivor benefits. Just looking for some advice on what to do - should we collect assets and use them ( 3 cars, all paid off, home paid off, savings account, trust funds ) or ask my wife's sister to joint sponsor us.

This is a difficult time and not sure what would be easiest & best to ensure I can be there.

We did try to expedite due to situation but it was denied.

Appreciate any help/knowledge.

Thanks.

The petitioner is the primary sponsor, but does not count in her father's household, even if she lives there. (Unless he's claiming her as a dependent on his tax return).

 

What exactly did you read that lead you to think you were informed your joint sponsor does not meet the sponsorship income requirements?  Did your wife complete an I-864 with her parent or parents as HER household members?

[HelloDKS 1]

Morning.

This is what we received after we submitted our I864 and I864a.

 

"The income reported as stated on form I-864, I-864A is insufficient to overcome the public charge grounds of inadmissibility for visa issuance. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos and https://www.uscis.gov/i-864p. A consular officer will decide if you meet these requirements at the time of the interview. Note: You, as the sponsor, and any other sponsors household members and joint sponsors, must provide updated or additional evidence for the applicant to present at the time of their interview such as: * Other income * Assets * Proof of current employment Note: You submitted documentation to the National Visa Center through the Consular Electronic Application Center CEAC. You can continue to upload documents to CEAC up until the date of your visa interview."

 

We had spoken with someone before when my MIL was still alive, but with her gone, the pension income has reduced by 50% and I am not quite sure how survivor benefits work in the states.

Thanks.

 

[pushbrk 12,968]

6 hours ago, HelloDKS said:

Morning.

This is what we received after we submitted our I864 and I864a.

 

"The income reported as stated on form I-864, I-864A is insufficient to overcome the public charge grounds of inadmissibility for visa issuance. To avoid delays, an additional Affidavit of Support Form I-864 from a joint sponsor may be submitted. For more information visit https://nvc.state.gov/aos and https://www.uscis.gov/i-864p. A consular officer will decide if you meet these requirements at the time of the interview. Note: You, as the sponsor, and any other sponsors household members and joint sponsors, must provide updated or additional evidence for the applicant to present at the time of their interview such as: * Other income * Assets * Proof of current employment Note: You submitted documentation to the National Visa Center through the Consular Electronic Application Center CEAC. You can continue to upload documents to CEAC up until the date of your visa interview."

 

We had spoken with someone before when my MIL was still alive, but with her gone, the pension income has reduced by 50% and I am not quite sure how survivor benefits work in the states.

Thanks.

 

This notice should usually be ignored.  It's just saying the number from the latest tax return is insufficient.  Sounds like the income is mostly or all NOT taxable, so is documented with award letters from retirement income sources.

Your wrinkle is that the affidavit is no longer up to date.  If the father is unclear about survivor benefits, perhaps that will become clear well before the interview.  If so, upload an updated affidavit of support from Dad.  You did provide TWO I-864 forms, one from the Petitioner and one from the joint sponsor, right?  Start over with new forms and see how the actual income looks now.

[HelloDKS 1]

Thanks for the reply! The affidavit was actually filed after she had passed. My wife is the petitioner ( filed i864 ) and her father is retired and filed 864a as household member. It’s still a recent development with loss. We have likely several months as we haven’t even gotten an IL yet. 

[pushbrk 12,968]

30 minutes ago, HelloDKS said:

Thanks for the reply! The affidavit was actually filed after she had passed. My wife is the petitioner ( filed i864 ) and her father is retired and filed 864a as household member. It’s still a recent development with loss. We have likely several months as we haven’t even gotten an IL yet. 

OK.  That was the wrong way to do it anyway.  Your wife should do an I-864 with only you and her as a two person household.  Then, Dad provides his own I-864 with only you and him as a two person household.  Will that put his income comfortably above the requirement for two people?

[HelloDKS 1]

1 hour ago, pushbrk said:

OK.  That was the wrong way to do it anyway.  Your wife should do an I-864 with only you and her as a two person household.  Then, Dad provides his own I-864 with only you and him as a two person household.  Will that put his income comfortably above the requirement for two people?

 

It was the wrong way? I thought if the petitioner is living with the joint member, they have to file a i864a. Whoops. Well.

They accepted the document, they just put that notice. Would it be useful to tell my FIL to gather some assets for documentation and include survivor benefits? Or update the i864a prior to the interview with how much the income increases. It's still a sensitive topic at this immediate time.

[pushbrk 12,968]

51 minutes ago, HelloDKS said:

 

It was the wrong way? I thought if the petitioner is living with the joint member, they have to file a i864a. Whoops. Well.

They accepted the document, they just put that notice. Would it be useful to tell my FIL to gather some assets for documentation and include survivor benefits? Or update the i864a prior to the interview with how much the income increases. It's still a sensitive topic at this immediate time.

You thought wrong, if father's income is clearly enough for two people.  I already told you what to do.  No I-864a.  Two I-864 forms, each having only two people in the household.

 

I-864a is for two purposes.  1.  Combining income.  2. Joint tax filing spouse.  Presumably, Dad's income alone is sufficient for the two person household.  Your wife has no income to combine with  her father.  The way you did it produces a three person income requirement.   You would be wise to follow my advice to the letter.

[Family 4,025]

20 hours ago, pushbrk said:

The petitioner is the primary sponsor, but does not count in her father's household, even if she lives there. (Unless he's claiming her as a dependent on his tax return).

The household member does NOT have to have joint taxes with Petitioner/Sponsor. It is sufficient for them to live together and show the qualified relationship., clearly qualified in OPs case as parent.

 

Condolences for your loss. 
 

You can update the I-864 A ( your father in law to show assets you mentioned . Show equity in house with copy of property tax statement, a Zillow market value print out , statement of investment accounts . Include death certificate of MIL when it gets issued. If survivor benefits get issued, they will count if there is a written determination AND a payment issued in time.

 

As long as you upload the updated I-864 A a few days before interview and carry copy of same with , it will be ok
 

 

https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf

Who May Be Considered a Household Member for Purposes of Form I-864A?
For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member
if at least 18 years of age:
1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the
sponsor’s ability to support the intending immigrant’s spouse or children;
2. The spouse, parent, child, adult son or daughter, or sibling relative of the sponsor, if that relative has the same
principal residence as the sponsor; or
3. Any other individual whom the sponsor has lawfully claimed as a dependent on the sponsor’s most recent Federal
income tax return even if that person does not live at the same residence as the sponsor. If more than one individual
agrees to help support the sponsored immigrant, each individual must sig

[pushbrk 12,968]

17 hours ago, Family said:

The household member does NOT have to have joint taxes with Petitioner/Sponsor. It is sufficient for them to live together and show the qualified relationship., clearly qualified in OPs case as parent.

 

Condolences for your loss. 
 

You can update the I-864 A ( your father in law to show assets you mentioned . Show equity in house with copy of property tax statement, a Zillow market value print out , statement of investment accounts . Include death certificate of MIL when it gets issued. If survivor benefits get issued, they will count if there is a written determination AND a payment issued in time.

 

As long as you upload the updated I-864 A a few days before interview and carry copy of same with , it will be ok
 

 

https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf

Who May Be Considered a Household Member for Purposes of Form I-864A?
For purposes of this contract, one or more of the following individuals may sign the Form I-864A as a household member
if at least 18 years of age:
1. The intending immigrant, if the sponsor seeks to rely on an intending immigrant’s continuing income to establish the
sponsor’s ability to support the intending immigrant’s spouse or children;
2. The spouse, parent, child, adult son or daughter, or sibling relative of the sponsor, if that relative has the same
principal residence as the sponsor; or
3. Any other individual whom the sponsor has lawfully claimed as a dependent on the sponsor’s most recent Federal
income tax return even if that person does not live at the same residence as the sponsor. If more than one individual
agrees to help support the sponsored immigrant, each individual must sig

Yes, the father CAN BE considered a household member, but since the petitioner has no income to combine with the father, it is more beneficial for the father to be the joint sponsor with a two person household instead of 3.  

 

I said there are two purposes.  Combining income....OR....joint tax filing spouse.  Fathers and daughters do not jointly file taxes, but it is possible Dad is claiming the petitioner as a dependent.  I doubt it, since there probably are no taxes to reduce by doing so.

[Family 4,025]

19 minutes ago, pushbrk said:

Yes, the father CAN BE considered a household member, but since the petitioner has no income to combine with the father, it is more beneficial for the father to be the joint sponsor with a two person household instead of 3.  

 

I said there are two purposes.  Combining income....OR....joint tax filing spouse.  Fathers and daughters do not jointly file taxes, but it is possible Dad is claiming the petitioner as a dependent.  I doubt it, since there probably are no taxes to reduce by doing so.

No doubt to your good intentions. Adding assets to I-864 A will overcome any income shortage

[pushbrk 12,968]

7 minutes ago, Family said:

No doubt to your good intentions. Adding assets to I-864 A will overcome any income shortage

"Sufficient Liquid Assets" yes.  What is sufficient is determined in part, by household size, which will still be three doing it that way.  Can add those same assets to an I-864 showing a two person household instead of 3.