thebellangers

I want to write a general response to everyone, and thank you EACH for responding to my thread - I am so appreciative of people taking time out to respond to my question.

I agree with everyone, we should not have to fill out an i864a (for my spouse, the intending immigrant). I read the instructions at least 3 times, as did my partner. However, an USCIS officer told us to fill out an i864a "even if he is my spouse" one month ago and two days ago. Another immigration officer gave the same answer to my partner his biometrics appointment/infopass appointment yesterday. Can someone verify with me, through personal experience, that they are incorrect? Also, my partner did send in a letter from his boss that he would continue working at the same place, for the same salary.

Furthermore, the USCIS officer said we might not be able to use my spouses income or may be able to use his income. They went back and forth on the answer, and seemed to leave it up to us whether I use my spouse's income. Yet, it makes no sense: we are legally married and his income should matter just as much as mine. With USCIS officers not giving us a straight answer, I am very irked. If we had a straight answer, we'd know what to do.

My main concern is the second part of the RFE letter which states, "Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor, the income did not meet 125%(100% if military) of the poverty guideline for the petitioner/sponsor's household size." It doesn't clearly stated whether that takes into account my spouse's income of not. It states to either add my assets, or to find a joint sponsor. Is this just a generic issue they place on all RFEs?

From what I am gathering based on answers, I can use my spouses income. We should file only one I864, and resend his tax transcript and letter from employer. We should put a cover letter stating we erroneously used an I864a for his income (note, though, this is what USCIS officers stated we should do). I should also re-attach my tax transcript, W2s, and T099?

Petitioner is who? The post is a bit confusing. The partner is a spouse? The partner is the alien?

The US citizen petitioner needs to submit their most recent year's tax info (completed if you submitted an IRS transcript) along with their I-864 and evidence of continuing income (typically pay stubs and an employer letter). If the sponsor is self employed then the amount evaluated is line 22 of the form 1040.

What did you submit as evidence of your continuing income? What did the alien submit as evidence of their continued income? That seems to be the issue.

My husband (spouse) is getting his green card from our marriage. He is on a student visa but since we married, he can receive conditional status after filing the paperwork. I filed at i864 and he filed an i864a. We both submitted tax transcripts as requested by USCIS.

My husband submitted a letter of continued income and his tax transcript. I submitted my tax transcript, however they did not ask for my W2s or 'continued income.' But, I may as well submit all of the documents you wrote! May as well send more than less? :/

If you do not include the required documentation, such as complete tax return/IRS transcript or proof of current income, then the RFE will always state there is insufficient evidence and that it appears the sponsor does not meet the 125% income requirement.

I am also quite confused by your posts, and have no idea who is the USC and who is the foreign spouse here on a student visa. Which is which? Who filed which form and what evidence was provided by each?

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

My husband (spouse) is getting his green card from our marriage. He is on a student visa but since we married, he can receive conditional status after filing the paperwork. I filed at i864 and he filed an i864a. We both submitted tax transcripts as requested by USCIS.

You probably need to get a joint-sponsor.

It doesn't matter if your husband's salary is 125% above the poverty guideline because he is the foreigner and the beneficiary.

I guess as a student you don't make enough money to support him. The USCIS wants to make sure he won't become a charge for the country if he stops working that's why someone with a good salary needs to sponsor him.

Your partner's salary does not count!

You are the petitioning sponsor and if your salary does not meet the income requirement, you need to get a joint-sponsor.

Odd. I heard from USCIS agents that his salary would count, and reading the find print of the application - his salary DOES count. I'm not quite sure I agree with you, but I do appreciate your response! However, if you are right, it means the USCIS officer told us wrong -_-'

Can't use the immigrants income as it won't continue after moving.....maybe even though it said you could. Notice it said "sponsors income".

Hm, I'm trying to figure this out because my partner's income will continue - he'll still be working at the same place for the next 2 years and received confirmation and an approved letter from his boss?

My partner and I submitted our entire application almost 1 1/2 months ago. I haven't even thought of our application until we received a Request for Evidence (RFE).

Because he lives in the US (fyi, we do have 2 different addresses bc I'm in school and he works 40 minutes away from me; however, we see one another frequently and are looking for a place when we arrive back from visiting his family this Christmas/after leases are u[) and was originally on OPT, it was stated in the application we could combine our income. He makes around $35+ per year, and since there are only 2 people in our household, we thought everything was fine.

However, we received at RFE stating:

1)Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

The petitioner/sponsor must submit all supporting tax documents for the most recent tax year.

2) Based on the documents submitted with Form 1-864, Affidavit of Support, for the petitioner/sponsor, the income did

not meet 125%(100% if military) of the poverty guideline for the petitioner/sponsor's household size.

We both attached our tax transcripts. I filled out the Form 1-864, and he filled out the Form 1-864A. (some people said we didn't need to fill out the Form I864A. the instructions were not clear and we went with what an immigration officer stated we should do - submit Form I864a, too).

I have a meeting with an immigration officer on Thursday and my partner is schedule for his biometrics on Friday, but I am so curious: why does it say we do not meet the 125% income guideline? Aren't we able to combine our income?

My only thought is, I am still a student. Thus, my income level fluctuates and I put my annual income as what I will receive if I continue on with my job for the next 12 months (HR sent me my annual income) - but, this isn't the same as what my annual income was for the 2014 tax year, it was more.

I hope this makes sense, as I realize it's tricky t

*deleted* I misread your post...sorry.

Not a problem. Thanks for at least responding and taking time to read this thread - you are appreciated!

My partner and I submitted our entire application almost 1 1/2 months ago. I haven't even thought of our application until we received a Request for Evidence (RFE).

Because he lives in the US (fyi, we do have 2 different addresses bc I'm in school and he works 40 minutes away from me; however, we see one another frequently and are looking for a place when we arrive back from visiting his family this Christmas/after leases are u[) and was originally on OPT, it was stated in the application we could combine our income. He makes around $35+ per year, and since there are only 2 people in our household, we thought everything was fine.

However, we received at RFE stating:

1)Submit all supporting tax documentation (W-2s, 1099s, Form 2555, and all supporting tax schedules) submitted to the Internal Revenue Service for the most recent tax year.

My partner IS the sponsored immigrant. However, the USCIS officer stated that I needed to file an I-864A for him.

On the instructions (page 7 of 16) bolded part 2 it states: "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), evidence that his or her income will continue from the current source after obtaining lawful permanent resident status, and the intending immigrant must provide evidence that he or she is living in your residence. He or she does not need to complete Form I-864A unless he or she has accompanying children."

My partner does not have accompanying children and currently works in the U.S. through his OPT. However, he does not currently live with me. This means he needs to file Form I-864A.

BUT on page 11 of 16 in the last paragraph, the instructions state: "However, an intending immigrant whose income is being used to meet the income requirement does not need to complete Form I-864A, Contract Between Sponsor and Household Member, unless the intending immigrant has a spouse and/or children immigrating with him or her." <- These instructions mean he does NOT need to file Form I-864A.

On the actual paperwork for Form I-864 (page 5 of 12), question 16 states: "The people listed in Item Numbers 3,6,9, and 12 have completed Form I-864A. I am filing along with this affidavit all necessary Form I-864As completed by these people." We can place a checkmark on #16. But then there is question #17 which states: "One of more of the people listed in Item Numbers 3,6,9, and 12 do not need to complete Form I-864A because he or she is the intending immigrant and has no accompanying dependents." We can place a checkmark on #17. Which should we do?

I hope someone can help guide us - I would appreciate it very much.

The USCIS officer and the instructions are guiding us in two seemingly different ways. I would prefer for our application to be submitted & finished w/!

My partner and I are in a similar predicament, Lanne. The USCIS officer I visited with stated my partner needs to file at I-864A...

What did you decide on doing, Lanne?