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  • STUCK on I-864 :(

    Hi guys,

    I have done the entire visa journey predominantly on my own but I officially registered because I am extremely confused now. I filed the I-485 and had to file different forms alongside. The one that is giving me the most trouble currently is the I-864 affidavit of support form.

    First let me explain the mistake that I made on the form. My wife and I submitted an I-864 however as she is unemployed we used her uncle as the sole joint sponsor. We incorrectly wrote his name on the form rather than hers thinking that we were doing the right thing. As it turns out this was incorrect. However, it doesn't seem to make a huge difference as we needed to send two separate I-864 forms; one from her (the petitioner) and one from her uncle (the sole joint sponsor). They have not said that we cannot use her uncle or anything as a sponsor; simply stating that we need to send in a form from the petitioner.

    Now the question...when we submit the new I-864 form from my wife can we also use the form I-864a from her father as she is unemployed and living with her parents. I am currently provided for by her parents until we both finish our studies and are able to flourish on our own two feet. If it is possible to use her father as an additional on form I-864a do we need to fill out a new I-864 for him as well, totaling three separate forms?

    Above all, since her uncle already meets the requirements can I simply send in my wife's I-864 stating she isn't working and hasn't earned much over the past few years etc? And if we do this will this negatively affect my status? Basically she is living under her father's roof and has no income, no property. Would this make a difference if we filed just her I-864?

    I do apologize if any of this was confusing. I am confused myself right now on what to do. PLEASE shed some light on this issue for me. I am tearing my hair out since three days over this and I am unable to find anything on the internet regrading this!

    THANKS to anyone for any help provided - much appreciated,
    Regards
    Asifai.

  • #2
    I hope you get a response from someone about this as we are also in the same boat as you and are looking for the same answer.

    Comment


    • #3
      You need to respond directly to the Request for Evidence specified errors (whether errors or not):

      1. Is your wife the petitioner, for you? If so, she needs to compelte an I-864 with an explanation for not filing a 2013 tax return or not having sufficient income to meet the sponsorship requirements

      2. If your wife's father lives at the same address as your wife and his income and tax filing meet the requirements, submit an I-864A for him, or just a separate I-864 for him (better, in my opinion, whether living at the same address or not).

      --Ray B

      Originally posted by Asifai View Post
      Hi guys,

      I have done the entire visa journey predominantly on my own but I officially registered because I am extremely confused now. I filed the I-485 and had to file different forms alongside. The one that is giving me the most trouble currently is the I-864 affidavit of support form.

      First let me explain the mistake that I made on the form. My wife and I submitted an I-864 however as she is unemployed we used her uncle as the sole joint sponsor. We incorrectly wrote his name on the form rather than hers thinking that we were doing the right thing. As it turns out this was incorrect. However, it doesn't seem to make a huge difference as we needed to send two separate I-864 forms; one from her (the petitioner) and one from her uncle (the sole joint sponsor). They have not said that we cannot use her uncle or anything as a sponsor; simply stating that we need to send in a form from the petitioner.

      Now the question...when we submit the new I-864 form from my wife can we also use the form I-864a from her father as she is unemployed and living with her parents. I am currently provided for by her parents until we both finish our studies and are able to flourish on our own two feet. If it is possible to use her father as an additional on form I-864a do we need to fill out a new I-864 for him as well, totaling three separate forms?

      Above all, since her uncle already meets the requirements can I simply send in my wife's I-864 stating she isn't working and hasn't earned much over the past few years etc? And if we do this will this negatively affect my status? Basically she is living under her father's roof and has no income, no property. Would this make a difference if we filed just her I-864?

      I do apologize if any of this was confusing. I am confused myself right now on what to do. PLEASE shed some light on this issue for me. I am tearing my hair out since three days over this and I am unable to find anything on the internet regrading this!

      THANKS to anyone for any help provided - much appreciated,
      Regards
      Asifai.

      Comment


      • #4
        I really appreciate the response Ray!

        1. Yes my wife is my petitioner. We are going to fill an I-864 and she actually does have a 2013 tax return. I think she worked a little in that year.

        2. Wife's father does live at the same address. His income is below the threshold required which is why we are using her uncle (father's brother). We filed her uncle's I-864 already, however should we just file another separate I-864 for her father too?

        Sorry to ask you the second question. From your answer it appears as though you are unaware that her uncle has already filled an I-864. I just need clarification on whether you think we should file another for her father as well.

        Again, thank you so much for the response. I really hope this thread helps others in this situation too.

        - Asifai.

        Comment


        • #5
          Asifai,

          If you are submitting these sponsorship packets out of sequence, you end up confusing the NVC strategy for reviewing what you sent, then sending you a request for corrections, etc.

          Since you have already sent an I-864 from the uncle, and presumably received some correspondence from the NVC for a corrected submittal, you have to respond directly to the NVC request, whether logical or not, rather than changing your submittal strategy to what you are guessing will now work.

          From what you have said so far, you should now submit an I-864 your wife, as the primary sponsor, with copy of the tax return, and an attachment, signed an dated, explaining that she is using her uncle as a co-sponsor since she lacks the income to sponsors.

          Throwing the father into this mix right now serves no purpose, since you already have a qualified co-sponsor (uncle) and you were asked to submit an I-864 from the petitioner (your wife).

          --Ray B

          Originally posted by Asifai View Post
          I really appreciate the response Ray!

          1. Yes my wife is my petitioner. We are going to fill an I-864 and she actually does have a 2013 tax return. I think she worked a little in that year.

          2. Wife's father does live at the same address. His income is below the threshold required which is why we are using her uncle (father's brother). We filed her uncle's I-864 already, however should we just file another separate I-864 for her father too?

          Sorry to ask you the second question. From your answer it appears as though you are unaware that her uncle has already filled an I-864. I just need clarification on whether you think we should file another for her father as well.

          Again, thank you so much for the response. I really hope this thread helps others in this situation too.

          - Asifai.

          Comment


          • #6
            Ray,

            I don't want to mix anything up with the NVC. I did receive the letter you are referring to and they only requested a form submitted from my wife. I certainly don't want to confuse anyone.

            Again, thank you very much for your help.

            Wish you the best,
            Asif.

            Comment


            • #7
              Ray,

              I have completed the new form to the best of my ability but i would appreciate help on a few remaining questions.

              1) On Part 3 (Information on the Immigrant(s) you are sponsoring); I am sponsoring the principal immigrant named in Part 2. [Yes or No (Applicable only in cases with two joint sponsors)].

              We have checked the box that says [Yes]. Is this correct? We are only using her uncle as a sponsor. I am under the impression that if we check [No] it is basically saying that we are using two sponsors; her uncle and another.

              2) On Part 3; it is asking for details on Family Member 1.

              We have filled out my information on this section which is basically a repeat of Part 2 [Information on the Principal Immigrant]. Is it correct for us to have done so?

              3) On Part 6; (Sponsor's Income and Employment); [10]: My Current Annual Household Income.

              We have filled out 0 as she is not currently working. Is it correct to have done so even though she is living with her parents who are providing everything for her financially?


              I believe that covers the remaining questions we have. I feel bad harassing you over and over. I really do want you to know that we are extremely grateful for the help you have provided and any help you are willing to provide further.

              Have a pleasant weekend,
              Asifai.

              Comment

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