RFE for I-864 and I-864A

[Joulie]

Hello,

Sorry if these questions have been asked already, but I couldn't find a post related to my situation.

I'm adjusting my status from a K-1 Visa. My husband is a student and currently working part-time. He doesn't meet the 125% of poverty level.
So we decided to use my mother-in-law incomes to help us out.
We made the mistake of using the wrong form for her (I-864 A instead of I-864) so before answering the RFE, I want to make sure I got it right.

1) Do I have to send a I-864 form for my husband, even if he doesn't meet the requirement?

2) Should we bother to fill the assets for him, even if that won't be enough to meet the requirement?

3) My husband is working for the first time so has never filled any taxes, should I join a letter explaining his situation?

4) My mother-in-law meets the requirement without her husband, should he fill the form I-864A anyway?

5) If he doesn't need to fill the I-864A, for the Part 5 (Household size), does she need to put herself, her husband and me (so 3 persons?)

Sorry for all my questions but I'm a little lost
Thank you for your answers

[Adrian Gruber]

Rfe

Hello,

Sorry if these questions have been asked already, but I couldn't find a post related to my situation.

I'm adjusting my status from a K-1 Visa. My husband is a student and currently working part-time. He doesn't meet the 125% of poverty level.
So we decided to use my mother-in-law incomes to help us out.
We made the mistake of using the wrong form for her (I-864 A instead of I-864) so before answering the RFE, I want to make sure I got it right.

1) Do I have to send a I-864 form for my husband, even if he doesn't meet the requirement?

2) Should we bother to fill the assets for him, even if that won't be enough to meet the requirement?

3) My husband is working for the first time so has never filled any taxes, should I join a letter explaining his situation?

4) My mother-in-law meets the requirement without her husband, should he fill the form I-864A anyway?

5) If he doesn't need to fill the I-864A, for the Part 5 (Household size), does she need to put herself, her husband and me (so 3 persons?)

Sorry for all my questions but I'm a little lost
Thank you for your answers

I'm sorry but your post requires a bit of context please.
Also can you post the image of the RFE so we may see what USCIS is requesting?
As for context, who is the Petitioner and who is the Beneficiary? Have you begun the I-130 Process?

[Joulie]

I'm sorry but your post requires a bit of context please.
Also can you post the image of the RFE so we may see what USCIS is requesting?
As for context, who is the Petitioner and who is the Beneficiary? Have you begun the I-130 Process?

Yes sorry, that wasn't very clear.
So I am the immigrant that need to be sponsored (beneficiary). I am currently doing an adjustment of status from a K-1 visa (fiancé visa). My husband is a US citizen (petitioner). I've sent my I-485 package early August and I received a RFE (see attached picture) because of the I-864

We got wrong information so we've sent the I-864 file filled by my husband (as the main sponsor) and we used the I-864A form for my mother-in-law (thinking that was the form for a joint sponsor). I believe this is why we receveid a RFE.

[Adrian Gruber]

Rfe

Hello,

Sorry if these questions have been asked already, but I couldn't find a post related to my situation.

I'm adjusting my status from a K-1 Visa. My husband is a student and currently working part-time. He doesn't meet the 125% of poverty level.
So we decided to use my mother-in-law incomes to help us out.
We made the mistake of using the wrong form for her (I-864 A instead of I-864) so before answering the RFE, I want to make sure I got it right.

1) Do I have to send a I-864 form for my husband, even if he doesn't meet the requirement?

2) Should we bother to fill the assets for him, even if that won't be enough to meet the requirement?

3) My husband is working for the first time so has never filled any taxes, should I join a letter explaining his situation?

4) My mother-in-law meets the requirement without her husband, should he fill the form I-864A anyway?

5) If he doesn't need to fill the I-864A, for the Part 5 (Household size), does she need to put herself, her husband and me (so 3 persons?)

Sorry for all my questions but I'm a little lost
Thank you for your answers

Ok we can see more clearly what issues USCIS has with your documentation:
1) You submitted a foreign Birth Certificate in your "Native Language". You must submit an english translation please review the following link on what USCIS requires of translators:

https://www.uscis.gov/us-visa-and-immigration-forms/forms-and-fees/general-tips-assembling-applications-mailing

2) Whom ever was your Sponsor, spouse I'm assuming does not meet the income requirement! Does he have any additional assetts? USCIS lists what you can include as assetts, has he served in the US Armed Forces? The poverty guideline is only 100% vs 125%

If you are going to use your mother in law you will need to use a new I-864, your mother must be able to support you and her income/assetts must be above the 125% poverty guideline.
Also she must provide evidence in the way of past 3 years of tax returns.

[Joulie]

Ok we can see more clearly what issues USCIS has with your documentation:
1) You submitted a foreign Birth Certificate in your "Native Language". You must submit an english translation please review the following link on what USCIS requires of translators:

https://www.uscis.gov/us-visa-and-immigration-forms/forms-and-fees/general-tips-assembling-applications-mailing

2) Whom ever was your Sponsor, spouse I'm assuming does not meet the income requirement! Does he have any additional assetts? USCIS lists what you can include as assetts, has he served in the US Armed Forces? The poverty guideline is only 100% vs 125%

If you are going to use your mother in law you will need to use a new I-864, your mother must be able to support you and her income/assetts must be above the 125% poverty guideline.
Also she must provide evidence in the way of past 3 years of tax returns.

Thank you so much for your answer!
Yes my husband doesn't meet the income requirement, even with his assetts (he's a student).
So we're asking my mother-in-law to be the join sponsor. I think I'll ask my father-in-law to fill the file I-864A to be sure to be above the minimum requirement and combine both of their incomes