Rosalea

9 minutes ago, OldUser said:

If you get an interview or RFE I'd mention it.

Otherwise, it seems immaterial.

Ok I'll remember that! Thank you so much!

3 hours ago, K1visaHopeful said:

Are you planning to petition your mom?

No? Doesn't matter then.

Yes? Matters and you'll need to fix. 

This is the conclusion I ended up coming to after thinking about it for a while! Thank you for your clarity! I'm not petitioning her and it's also her middle name so I figure it won't be an issue. Or, I won't get straight up denied for it at least haha.

I submitted my I-485 (through marriage) application in November and I just realised I spelled my Mum's middle name wrong in the form (there are 2 L's in the name and I only put 1) and doesn't match what it says on my birth certificate. Is this gonna matter or get DENIED? I already got (and responded to) an RFE but that was about the I-864. Not sure if I should redo the I-485 and upload it online (there's already like a million things on there for my RFE).

On 11/22/2023 at 7:05 PM, K1visaHopeful said:

They are.

Because it's a generic RFE. Not everything applies to you and its up to you to figure out what does based on your individual financial situation.

You will IF you input the ANNUAL income listed on your EVL as your current income on the I864. If you did not, then you don't need 6 months paystubs because that info is irrelevant because you didn't use it on your form. Financial documents SUPPORT the amounts you entered on the form. You just don't submit evidence without relevance.

1099 is for SELF EMPLOYED individuals. If your sponsor is SE, you likely have more problems than you think with correctness of your form answers. Clarify and we can help more.

Again, clarify directly by answering if you used tax reported income from the RT or the income from the EVL (which should have been displayed on your EVL as annual and not hourly).

This is really thorough, thank you so much! I think omitting the payslips was the biggest error here.

Also I'm not sure what type of tax reported income was used since my husband did it - I think his employment offer letter says an hourly amount if that indicates anything? I unfortunately don't know.

I imagine they require almost the same supporting documents as the I-134 (which I submitted earlier in this process at the embassy stage), and with that I had included the same stuff as this time, but this time I didn't include payslips. So I think that's the main thing I needa include!

Just now, OldUser said:

Not the same. Tax return transcripts can be downloaded from IRS website.

Ok so should I include the transcripts and 1099(s)?

15 minutes ago, K1visaHopeful said:

Lots of members is an understatement. I864 is the most commonly misfiled form out of everything I've seen. I'd say there is a 50% success rate tbh.

Mentioning what you sent or a copy of your coverletter showing what you sent with your I864 will be helpful.

RFEs are not sent for no reason and although generic, sending everything that you already sent won't solve your problem.

6 month of paystubs are the recommended dose WHEN YOU submit a current Employment Verification Letter AND use the amount listed on it as your current income. Did you submit one AND use that amount?

Employment statements (W2s) are REQUIRED if you submit a COMPLETE copy of your federal tax return (all pages and schedules) but SHOULD NOT be submitted if you submitted a Return Transcript INSTEAD.

Highly doubtful. 

It's never sent for no reason. There is something wrong with your form and/or HOW you filled it out and/or the documents you provided.

As above, RFEs are generic. Everyone gets the same one.

It lists all of the possible errors for everyone. Doesn't mean you made all of them but you did AT LEAST make one of them so they cannot proceed any further.

Lots of threads on the topic to research. Search under "I864 RFE." Then pull out your paper work and deduce your error(s).

What I included was:

• I-864 form (fully filled out, signed, with US citizen SSN and what I thought was the correct household size, which was 2
• US citizen birth certificate
• Last 3 years of tax return transcripts
• Signed employment offer letter that shows hourly pay and start date

Also (and my apologies if this is a dumb question), is a tax return transcript and 1099 different things?

Again, I'm not the US citizen so this isn't exactly my realm but I wanna understand is as best I can so I gather everything correctly.

7 minutes ago, K1visaHopeful said:

Lots of members is an understatement. I864 is the most commonly misfiled form out of everything I've seen. I'd say there is a 50% success rate tbh.

Mentioning what you sent or a copy of your coverletter showing what you sent with your I864 will be helpful.

RFEs are not sent for no reason and although generic, sending everything that you already sent won't solve your problem.

6 month of paystubs are the recommended dose WHEN YOU submit a current Employment Verification Letter AND use the amount listed on it as your current income. Did you submit one AND use that amount?

Employment statements (W2s) are REQUIRED if you submit a COMPLETE copy of your federal tax return (all pages and schedules) but SHOULD NOT be submitted if you submitted a Return Transcript INSTEAD.

Highly doubtful. 

It's never sent for no reason. There is something wrong with your form and/or HOW you filled it out and/or the documents you provided.

As above, RFEs are generic. Everyone gets the same one.

It lists all of the possible errors for everyone. Doesn't mean you made all of them but you did AT LEAST make one of them so they cannot proceed any further.

Lots of threads on the topic to research. Search under "I864 RFE." Then pull out your paper work and deduce your error(s).

Thank you! And yeah - I had asked on Visajourney if a tax transcript AND W2's were necessary and I was told that just the transcript was fine. The transcript was included so now I'm kinda confused about why USCIS is now asking for W2's (I don't fully understand it, I'm not the USC).

And nah, the payslips weren't included (only an employment letter) so I think I definitely needed that too!

1 hour ago, Rosalea said:

Hi everyone! I just got an RFIE for the I-864 on my I-485 application - apparently they need a new form even though I had sent the entire form which was signed and included (what I'm pretty sure is) the correct household size (2).

It was also the correct and only version USCIS has on their website so it can't be that it was an out of date version. Has anyone else experienced a similar RFIE? I'm gonna resent it all and maybe add payslips (and W2's? idk) for extra evidence. Just confused about if maybe they just lost the I-864 from my file haha. Just really hoping that if I resent it all that it'll suffice and it wasn't somehow something else we got wrong in the filing process that caused this.

I can also see on my USCIS account under documents that they scanned the (signed!) I-864 which clearly includes the SSN and household size - how weird!? Anyone know why this might've happened! I hope if I just send it again the same thing won't happen haha.

Hi everyone! I just got an RFIE for the I-864 on my I-485 application - apparently they need a new form even though I had sent the entire form which was signed and included (what I'm pretty sure is) the correct household size (2).

It was also the correct and only version USCIS has on their website so it can't be that it was an out of date version. Has anyone else experienced a similar RFIE? I'm gonna resent it all and maybe add payslips (and W2's? idk) for extra evidence. Just confused about if maybe they just lost the I-864 from my file haha. Just really hoping that if I resent it all that it'll suffice and it wasn't somehow something else we got wrong in the filing process that caused this.

4 minutes ago, Redro said:

There is no norm… it depends on the couple and their agreement. 

Yes I know that now. That's all I wanted with my question. Didn't need all the extra stuff.

2 minutes ago, Redro said:

You’re conflating immigration requirements with agreements in a relationship.

Remember, some consulates allow self sponsorship for I134, and if the beneficiary is working in the US (on OPT or nonimmigrant work visa) they can include their income in I864… additionally, some beneficiaries “self sponsor” and use their entire income for the I864 as the sponsor is a housewife/doesn’t work (several cases on VJ of beneficiaries moving to the US and transferring from their company in their home country to a branch in the US)
Then on the other hand, you have beneficiaries who will never work (parents, housewives, stay at home moms)… all USCIS cares about is: you won’t become a public charge and if you do… your partner will repay the government (if they ever decide to pursue repayment). 
Then you have sponsors who don’t qualify… and a joint sponsor needs to be found… generally, people don’t request the joint sponsor support the beneficiary day to day… 

USCIS doesn’t care where the money comes from, they don’t need the money (until you become a public charge- and even that isn’t always the case), … all they care about is a properly executed I864 so the beneficiary can obtain the GC. 

No, I was just asking what the norm typically is, which I've now realised is ambiguous and exactly what we're already doing and have already agreed on.

1 minute ago, Redro said:

Read this for reference:

be aware people do sue their partners for 125% poverty limit in divorce proceedings so you could hypothetically tell your partner they need to pay the first $29,580 of living expenses every year( assuming you are a household of 2). Or give you an allowance of $21,870 every year until you become a citizen/ work 40 quarters… 

Yikes, I wasn't planning on doing that lmao. Like I said, I have my own money in savings so I'm good 😅 None of this is about me wanting all his money, seems like everyone's getting the wrong idea about my post.

1 minute ago, Redro said:

@Rosalea are you talking about:

-I134

-the I864

-the period between entry and acquiring EAD

-the period between 90 days after entry and EAD 

-the period between entry and when you become employed

-the entire period from entry to acquisition of citizenship or 40 quarters of work

-the entire period you reside in the US

 

The first five.

24 minutes ago, Marieke H said:

USCIS does not dictate how a married couple should manage their finances. Your spouse has shown that he can financially support you,  and now it's up to you and your spouse to figure out what that looks like for you. Ideally, this would be something that has been discussed before you even moved her, to make sure that you are on the same page regarding these financial expectations. 

We did discuss it beforehand, we are on the same page, I was just curious.

Just now, OldUser said:

There's nothing legal binding saying he should be spending half of his income or any other percentage on you or anything like that. Not that I know of.

Yeah I know, that's not what I even meant.

Just now, OldUser said:

Do you have big savings? If you cannot work, and don't have much savings, that's understandable that you're hesitant to contribute. For your spouse, it could be a radical change to his lifestyle - now he has to feed two people on his income instead of just himself. So be kind to him too and be reasonable when asking for expensive things knowing he might be under pressure. Meanwhile get your skills in check, prepare resume, explore the job market and be ready to join the workforce when you get your EAD.

I have a pretty substantial savings and will be able to have it last another 10 or so months while still spending a little bit regularly. I'm not acting rude to him or wanting him to pay for everything (like I said before) haha, just curious about it.

Hi everyone!

I've applied for AOS (came in on a K1) which obviously involves not being able to work and being 'financially supported' by my husband. I know as far as uscis and the us government is concerned, you have to be financially supported so you don't run out of money and then become a public charge. Obviously we've both discussed this but I'm still kinda confused about where the line is between: basic living expenses being covered, and, well, anything above that being covered. I figure it's the first of the two. And I wanna make it clear that I'm not wanting every single dollar accounted for and have everything (non-essential) bought for me! Just unsure of where the divide is.

But, I also don't know if I'm being stingey by being hesitant to contribute to the costs of things like meals or gas, or if that should all come under 'financial support'. Or does it just vary massively between people? I'm not even sure what I'm asking now haha. I guess I just wanna get a vague feel for what everyone else does or has experienced.

4 hours ago, CMJuilland said:

When we were in that situation, my wife added me to the lease and to her existing bank accounts and as an authorized user on one or two of her credit cards. Especially the lease but also mail that was generated by bank/cc was enough “proof of address” for everything I needed going forward. It might also be a good idea to do that just to start establishing credit (the bulk of that will have to be your own credit card, but still). 

 

This goes beyond your question, but regarding DL: I don’t know what Colorado’s policies are, but here in Virginia, I wasn’t able to get one before I had my EAD or GC. When talking to our county police, they said it was “frowned upon” to drive on my Swiss driver’s license for “too long”, but I would “most likely be just fine doing it”. So I just did that until I had my EAD and was able to get a state issued DL. 

Best of luck with everything. 

From what I know in Colorado, the foreign licence is invalid after 90 days and it is possible to get one before EAD. I might look into if it could be a similar case here where they'll let me still drive on my NZ licence...

2 minutes ago, JKLSemicolon said:

Getting added to the utility bills is another way to have proof of your address.

Ok good that's what I was thinking of doing!

Wow thank you all so much for your information! This is so much clearer now - I'll get him to get the IRS transcript and payslips from the last 6 months.

I'm also still slightly confused about the W2 - is that what would be with the 1040? So is there no point including that since the transcript is best?

16 minutes ago, Timona said:

1040s will have to go with all his W2s. 

IRS transcript is just solo

Wait what's the difference between an IRS transcript and a 1040? Are both necessary?

1 minute ago, Timona said:

Skip assets. 

He needs proof of USC or LPR 

Why not use IRS transcripts?

I have his birth certificate so that's fine. Also isn't that what a 1040 is?

Hi everyone!

I'm in the process of completing my AOS package and I have a question about the I-864 that my husband is filling out. As for the supporting documents, would including the following be sufficient? :

• 1040
• W2's
• 1099
• Employment offer letter
• Payslips from previous 3 months

Is the 1099 required? I wanna be sure we don't eventually get an RFE for forgetting something!

Also is it required to fill out both of our savings amounts (part 7) or is that unimportant in the grand scheme of things?

Hi everyone! My apologies if this has already been asked/answered or if it sounds dumb.

I came here on a K1 and am about to adjust my status. I'm also looking into how to get a bank account and/or driver's licence shortly. However, I see that for both of these things they require proof of address. I'm a bit stuck with this because, typically proof of address is a bank statement, government-issued mail or some kinda bill - I don't have any of these. I have an SSN - not sure if I can use some part of that for it. Any ideas on what I can do? If I get put on my husband's lease can I then use something from that as a proof of address?

Let me know!