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AOS, can I still sponsor my husband if I am unemployed? RFE letter.

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  • AOS, can I still sponsor my husband if I am unemployed? RFE letter.

    our case is AOS and I'm USC.
    so our question (little late for asking until now) is, can I still sponsor my husband if I am unemployed?
    since i am unemployed and our family members know our situation, and one of our uncles volunteered to be a sponsor and since I don't have any income I knew I would need an sponsor, so we had him do the I-864 with the supporting documentation. so far all good, so we got "all set" and mailed out a package.

    12/23/13 mailed out.
    12/24/13 USCIS Received application.
    12/31/13 USCIS issued case number/sent email and text messages.
    01/02/14 Received Notice letter "Acceptance".
    01/06/14 Received letter FP Appointment.
    01/14/14 RFE issued.
    01/17/14 received RFE letter.

    the letter pretty much says that we have to re-send the Affidavit form and also it says in part "Please submit a completed and singed form I-864 for the petitioner ----- even if a joint sponsor will be used, the petitioner/sponsor must submit I-864" (like I said, I haven't work and I have zero income (he works and makes enough money to support ourselves but HEY he is "out of status" so I can't use his income, can I?) and of course I don't qualify to sponsor him but uncle does and I didn't see why should I when I haven't work, and wouldn't qualify, and didn't read anywhere that I still have to submit it???) so my question might see stubborn but then what they are requesting is that I the USC have to submit an I-864 even that I didn't/don't have any income? my husband and I do before the IRS our taxes together, we file together even thou he is the only one with income. so then I have to file an I-864 and what am I suppose to type in 864 on Page 5 and number 10, and other spaces of $? we both filed together!!! I am lost, help please, wanna get this done soon since we are in the middle of it and soon he has his FP appointment. thanks everybody...
    Last edited by artie; 01-18-2014, 01:46 AM. Reason: missed info

  • #2
    Even if you don't hae income, you are still the primary sponsor and must provide an I-864, Affidavit of Support, stating your lack of income but including your most recent Federal income tax return. Your uncle can be a joint sponsor with a separate I-864 document package.

    --Ray B

    Originally posted by artie View Post
    our case is AOS and I'm USC.
    so our question (little late for asking until now) is, can I still sponsor my husband if I am unemployed?
    since i am unemployed and our family members know our situation, and one of our uncles volunteered to be a sponsor and since I don't have any income I knew I would need an sponsor, so we had him do the I-864 with the supporting documentation. so far all good, so we got "all set" and mailed out a package.

    12/23/13 mailed out.
    12/24/13 USCIS Received application.
    12/31/13 USCIS issued case number/sent email and text messages.
    01/02/14 Received Notice letter "Acceptance".
    01/06/14 Received letter FP Appointment.
    01/14/14 RFE issued.
    01/17/14 received RFE letter.

    the letter pretty much says that we have to re-send the Affidavit form and also it says in part "Please submit a completed and singed form I-864 for the petitioner ----- even if a joint sponsor will be used, the petitioner/sponsor must submit I-864" (like I said, I haven't work and I have zero income (he works and makes enough money to support ourselves but HEY he is "out of status" so I can't use his income, can I?) and of course I don't qualify to sponsor him but uncle does and I didn't see why should I when I haven't work, and wouldn't qualify, and didn't read anywhere that I still have to submit it???) so my question might see stubborn but then what they are requesting is that I the USC have to submit an I-864 even that I didn't/don't have any income? my husband and I do before the IRS our taxes together, we file together even thou he is the only one with income. so then I have to file an I-864 and what am I suppose to type in 864 on Page 5 and number 10, and other spaces of $? we both filed together!!! I am lost, help please, wanna get this done soon since we are in the middle of it and soon he has his FP appointment. thanks everybody...

    Comment


    • #3
      Thanks so much "Rayb"...


      now I have 2 more questions anyone out there please!!! thanks.

      1-what check boxes am i supposed to check on I-864 first page number after my name, I'm guessing check "1.a"? then "1.e" "first"? and then uncle on his I-864 check the box "1.e second of two joint sponsors."?

      2-since I haven't had an actual job what do I put in the question my I-864 Page 5, under "Part 6", "4. unemployed since"


      3-next week/in couple of days he has his FP appointment and online our case talks about the RFE and that "Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires." that means that he cannot go to his FP appointment? or he can still go and do that?

      thanks everybody...






      Originally posted by rayb View Post
      Even if you don't hae income, you are still the primary sponsor and must provide an I-864, Affidavit of Support, stating your lack of income but including your most recent Federal income tax return. Your uncle can be a joint sponsor with a separate I-864 document package.

      --Ray B

      Comment


      • #4
        Hey Artie,

        Which State did you submit your package cos I submitted mine same time as yours but I have not heard from Uscis?

        Also, when you got an appointment for your FP, did your case status changed?

        Hope to hear from you?





        QUOTE
        =artie;322482]Thanks so much "Rayb"...



        now I have 2 more questions anyone out there please!!! thanks.

        1-what check boxes am i supposed to check on I-864 first page number after my name, I'm guessing check "1.a"? then "1.e" "first"? and then uncle on his I-864 check the box "1.e second of two joint sponsors."?

        2-since I haven't had an actual job what do I put in the question my I-864 Page 5, under "Part 6", "4. unemployed since"


        3-next week/in couple of days he has his FP appointment and online our case talks about the RFE and that "Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires." that means that he cannot go to his FP appointment? or he can still go and do that?

        thanks everybody...[/QUOTE]

        Comment


        • #5
          to senatorslk:

          senatorslk---i sent my package to
          USCIS
          Attn: FBAS
          131 South Dearborn-3rd Floor
          Chicago, IL 60603-5517
          for WA state, and my original thread says about my FP.
          if you didn't send it to the right address "I think might take little longer", but be patient, don't panic...

          Originally posted by senatorslk View Post
          Which State did you submit your package cos I submitted mine same time as yours but I have not heard from Uscis?

          Also, when you got an appointment for your FP, did your case status changed?

          Hope to hear from you?





          QUOTE
          =artie;322482]Thanks so much "Rayb"...



          now I have 2 more questions anyone out there please!!! thanks.

          1-what check boxes am i supposed to check on I-864 first page number after my name, I'm guessing check "1.a"? then "1.e" "first"? and then uncle on his I-864 check the box "1.e second of two joint sponsors."?

          2-since I haven't had an actual job what do I put in the question my I-864 Page 5, under "Part 6", "4. unemployed since"


          3-next week/in couple of days he has his FP appointment and online our case talks about the RFE and that "Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires." that means that he cannot go to his FP appointment? or he can still go and do that?

          thanks everybody...
          [/QUOTE]

          Comment


          • #6
            Thanks Artie

            Thanks for the quick response.

            I sent mine to Uscis
            Po box 805887
            Chicago, IL 60680-4120

            What's the difference btw both addresses?

            Originally posted by artie View Post
            senatorslk---i sent my package to
            USCIS
            Attn: FBAS
            131 South Dearborn-3rd Floor
            Chicago, IL 60603-5517
            for WA state, and my original thread says about my FP.
            if you didn't send it to the right address "I think might take little longer", but be patient, don't panic...
            [/QUOTE]

            Comment


            • #7
              Artie,

              1. Check 1.a, you are the sponsor.
              2. Uncle checks "joint sponsor." Not the "econd of two joint sponsors."
              3. Put the date you last worked on any job, part-time or full-time.

              --Ray B

              Originally posted by artie View Post
              Thanks so much "Rayb"...


              now I have 2 more questions anyone out there please!!! thanks.

              1-what check boxes am i supposed to check on I-864 first page number after my name, I'm guessing check "1.a"? then "1.e" "first"? and then uncle on his I-864 check the box "1.e second of two joint sponsors."?

              2-since I haven't had an actual job what do I put in the question my I-864 Page 5, under "Part 6", "4. unemployed since"


              3-next week/in couple of days he has his FP appointment and online our case talks about the RFE and that "Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires." that means that he cannot go to his FP appointment? or he can still go and do that?

              thanks everybody...

              Comment


              • #8
                What if the sponsor NEVER had an income ?

                What if the sponsor NEVER had income? We have co-sponsor whose income is above poverty line, but the sponsor NEVER had an income and is listed as dependent under the co-sponsor.


                Originally posted by artie View Post
                our case is AOS and I'm USC.
                so our question (little late for asking until now) is, can I still sponsor my husband if I am unemployed?
                since i am unemployed and our family members know our situation, and one of our uncles volunteered to be a sponsor and since I don't have any income I knew I would need an sponsor, so we had him do the I-864 with the supporting documentation. so far all good, so we got "all set" and mailed out a package.

                12/23/13 mailed out.
                12/24/13 USCIS Received application.
                12/31/13 USCIS issued case number/sent email and text messages.
                01/02/14 Received Notice letter "Acceptance".
                01/06/14 Received letter FP Appointment.
                01/14/14 RFE issued.
                01/17/14 received RFE letter.

                the letter pretty much says that we have to re-send the Affidavit form and also it says in part "Please submit a completed and singed form I-864 for the petitioner ----- even if a joint sponsor will be used, the petitioner/sponsor must submit I-864" (like I said, I haven't work and I have zero income (he works and makes enough money to support ourselves but HEY he is "out of status" so I can't use his income, can I?) and of course I don't qualify to sponsor him but uncle does and I didn't see why should I when I haven't work, and wouldn't qualify, and didn't read anywhere that I still have to submit it???) so my question might see stubborn but then what they are requesting is that I the USC have to submit an I-864 even that I didn't/don't have any income? my husband and I do before the IRS our taxes together, we file together even thou he is the only one with income. so then I have to file an I-864 and what am I suppose to type in 864 on Page 5 and number 10, and other spaces of $? we both filed together!!! I am lost, help please, wanna get this done soon since we are in the middle of it and soon he has his FP appointment. thanks everybody...

                Comment


                • #9
                  The petitioner, who is also the co-sponsor, must complete and submit his own I-864, even if there has been no employment or tax returns.

                  --Ray B

                  Originally posted by Stacy Lin View Post
                  What if the sponsor NEVER had income? We have co-sponsor whose income is above poverty line, but the sponsor NEVER had an income and is listed as dependent under the co-sponsor.

                  Comment


                  • #10
                    HI, I am new here and kinda facing the same problem here and would like to know how things have turned out?

                    I am waiting for my wife (sponsor) to naturalized (currently waiting for interview, hopefully in a couple of weeks). I have an approved i130 and my priority date has become current, however I choose to wait until she becomes a citizen and sent in my AOS.

                    almost the same situation like artie, my wife is unemployed (the sponsor) currently. she was working for little bit in the past 3 years. it was because she was pregnant 2 times for the past 2 years. even just last year, she worked only for a month during that year. Her income would not be enough for the Affidavit of Support and we are thinking of getting a co-sponsor. We are not sure yet as to who we can get to be our co-sponsor. If things turned out that we could not get anyone to be our co-sponsor, what would you recommend us to do?

                    Can we write a letter saying that I, the beneficiary, would be the bread winner for the family and I would be able to support my family?
                    I am working and have enough income (above the poverty line) but I am out of status and my income would not be counted.

                    Thank you very much for your response.

                    Comment


                    • #11
                      Originally posted by Xlasher View Post
                      HI, I am new here and kinda facing the same problem here and would like to know how things have turned out?

                      I am waiting for my wife (sponsor) to naturalized (currently waiting for interview, hopefully in a couple of weeks). I have an approved i130 and my priority date has become current, however I choose to wait until she becomes a citizen and sent in my AOS.

                      almost the same situation like artie, my wife is unemployed (the sponsor) currently. she was working for little bit in the past 3 years. it was because she was pregnant 2 times for the past 2 years. even just last year, she worked only for a month during that year. Her income would not be enough for the Affidavit of Support and we are thinking of getting a co-sponsor. We are not sure yet as to who we can get to be our co-sponsor. If things turned out that we could not get anyone to be our co-sponsor, what would you recommend us to do?

                      Can we write a letter saying that I, the beneficiary, would be the bread winner for the family and I would be able to support my family?
                      I am working and have enough income (above the poverty line) but I am out of status and my income would not be counted.

                      Thank you very much for your response.
                      You are working without an EAD (e.g. DACA)? The rules say that your income cannot be counted if you are not authorized to work; a letter wouldn't help.

                      This is my personal opinion and is not to be construed as legal advice.

                      Comment


                      • #12
                        Originally posted by newacct View Post
                        You are working without an EAD (e.g. DACA)? The rules say that your income cannot be counted if you are not authorized to work; a letter wouldn't help.
                        Thank you for the response. Yes, I am aware of that.

                        One question, if the co-sponsor is a head of family (let's say household size is 3) and want to co-sponsor me (household size 4). how much income does he need to have? I can have 2 co-sponsors, can't I?

                        Comment


                        • #13
                          Same situation

                          Originally posted by artie View Post
                          our case is AOS and I'm USC.
                          so our question (little late for asking until now) is, can I still sponsor my husband if I am unemployed?
                          since i am unemployed and our family members know our situation, and one of our uncles volunteered to be a sponsor and since I don't have any income I knew I would need an sponsor, so we had him do the I-864 with the supporting documentation. so far all good, so we got "all set" and mailed out a package.

                          12/23/13 mailed out.
                          12/24/13 USCIS Received application.
                          12/31/13 USCIS issued case number/sent email and text messages.
                          01/02/14 Received Notice letter "Acceptance".
                          01/06/14 Received letter FP Appointment.
                          01/14/14 RFE issued.
                          01/17/14 received RFE letter.

                          the letter pretty much says that we have to re-send the Affidavit form and also it says in part "Please submit a completed and singed form I-864 for the petitioner ----- even if a joint sponsor will be used, the petitioner/sponsor must submit I-864" (like I said, I haven't work and I have zero income (he works and makes enough money to support ourselves but HEY he is "out of status" so I can't use his income, can I?) and of course I don't qualify to sponsor him but uncle does and I didn't see why should I when I haven't work, and wouldn't qualify, and didn't read anywhere that I still have to submit it???) so my question might see stubborn but then what they are requesting is that I the USC have to submit an I-864 even that I didn't/don't have any income? my husband and I do before the IRS our taxes together, we file together even thou he is the only one with income. so then I have to file an I-864 and what am I suppose to type in 864 on Page 5 and number 10, and other spaces of $? we both filed together!!! I am lost, help please, wanna get this done soon since we are in the middle of it and soon he has his FP appointment. thanks everybody...
                          Hello Artie,

                          I am going through the same situation. my wife (the sponsor) does not work, and we received the same letter. We filed taxes together, and I work and make enough, but I am out of status. I would like to know what did you do? How did it work out for you and your husband.

                          Thank you,

                          Ali

                          Comment


                          • #14
                            Originally posted by alihassan1989 View Post
                            Hello Artie,

                            I am going through the same situation. my wife (the sponsor) does not work, and we received the same letter. We filed taxes together, and I work and make enough, but I am out of status. I would like to know what did you do? How did it work out for you and your husband.

                            Thank you,

                            Ali
                            you need to find a co sponsor

                            Comment


                            • #15
                              Originally posted by azblk View Post
                              you need to find a co sponsor
                              Thanks for the reply. We already have a co-sponsor and she makes enough. My concern is, will the immigration pass the case, or will they deny my case since I am working without an authorization. Am I going to jail, or are they just going to depart me?

                              Thank You,

                              Comment

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