I-864 Request for Initial Evidence (Joint Sponsor missing information)

[hungtaoc]

I had submitted a green card application for my husband who is currently on F1 student visa. I am the US citizen applicant. Since I do not make enough money, I had asked my mother to be a joint sponsor. My mother is an tenured elementary school teacher with annual income of about $50,000 (household size of four). My dad makes a lot more than that. I make around 20,000 per year, for a house of three (myself, my husband, and a baby). Since I thought it was impolite to ask my parents to reveal both of their income and asset, I thought I would just ask my mother to be the joint sponsor and submit her W-2 forms. I did not include her tax return because it would have my dad's information on it.

I have just received a notice of "Request for Initial Evidence". I was wondering if someone could help me interpret the four items listed:


1. The joint sponsor on Form I-864, Affidavit of Support, must be a US citizen...
-->I need to submit a copy of my mom's birth certificate and passport

2. The joint sponsor on Form I-864, Affidavit of Support, must submit a complete Federal income tax return...
-->I need to get over this and ask my parents for their joint income tax files from the past three years

3. The joint sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The joint sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income. Submit evidence...include: letter of employment & pay stubs of the past 6 months...
-->I can get my mom's school to write the letter and get her past 6 months' pay stubs. However, why does the item state that my mom's income does not meet or exceed 125% of poverty guideline? Her annual income is $50,000 for a household of four (my parents, my brother, and myself where I am no longer a dependent). The 125% poverty for a household of four is $29,812.

4. Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125%of the poverty guideline for the joint sponsor's household size. Submit...Assets, Bank statements, bonds, equity, etc.
-->What is this about? Do I need to submit bank statements and all that stuff for my mom? Actually she doesn't have assets under her name. Almost everything is under my dad's name.


Any help is greatly appreciated. Thanks folks!

[hungtaoc]

I think I might have this figured out. Here is my mistake:

I think my mistake is that I listed myself as the first joint sponsor and my mother as the second joint sponsor. Since I do not make enough money, I should actually just put myself down as the “petitioner” (Part 1, Selection 1a). My mother is therefore the only joint sponsor (Part 1, selection 1d). I will then need to send in my mom’s copy of birth certificate, 3 years of tax return, and letter of employment. I will need to write a cover letter explaining the situation, ask the staff to use the updated I-864 forms and disregard the previous ones.

Is this correct? I am just trying to figure this out via forum before I hire a immigration lawyer. I might still end up hiring a lawyer but I just want to check and see. Thanks!

I had submitted a green card application for my husband who is currently on F1 student visa. I am the US citizen applicant. Since I do not make enough money, I had asked my mother to be a joint sponsor. My mother is an tenured elementary school teacher with annual income of about $50,000 (household size of four). My dad makes a lot more than that. I make around 20,000 per year, for a house of three (myself, my husband, and a baby). Since I thought it was impolite to ask my parents to reveal both of their income and asset, I thought I would just ask my mother to be the joint sponsor and submit her W-2 forms. I did not include her tax return because it would have my dad's information on it.

I have just received a notice of "Request for Initial Evidence". I was wondering if someone could help me interpret the four items listed:


1. The joint sponsor on Form I-864, Affidavit of Support, must be a US citizen...
-->I need to submit a copy of my mom's birth certificate and passport

2. The joint sponsor on Form I-864, Affidavit of Support, must submit a complete Federal income tax return...
-->I need to get over this and ask my parents for their joint income tax files from the past three years

3. The joint sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The joint sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income. Submit evidence...include: letter of employment & pay stubs of the past 6 months...
-->I can get my mom's school to write the letter and get her past 6 months' pay stubs. However, why does the item state that my mom's income does not meet or exceed 125% of poverty guideline? Her annual income is $50,000 for a household of four (my parents, my brother, and myself where I am no longer a dependent). The 125% poverty for a household of four is $29,812.

4. Based on the documents submitted with Form I-864, Affidavit of Support, for the joint sponsor, the income did not meet 125%of the poverty guideline for the joint sponsor's household size. Submit...Assets, Bank statements, bonds, equity, etc.
-->What is this about? Do I need to submit bank statements and all that stuff for my mom? Actually she doesn't have assets under her name. Almost everything is under my dad's name.


Any help is greatly appreciated. Thanks folks!

[rayb]

Your current conclusion is correct.

--Ray B

I think I might have this figured out. Here is my mistake:

I think my mistake is that I listed myself as the first joint sponsor and my mother as the second joint sponsor. Since I do not make enough money, I should actually just put myself down as the “petitioner” (Part 1, Selection 1a). My mother is therefore the only joint sponsor (Part 1, selection 1d). I will then need to send in my mom’s copy of birth certificate, 3 years of tax return, and letter of employment. I will need to write a cover letter explaining the situation, ask the staff to use the updated I-864 forms and disregard the previous ones.

Is this correct? I am just trying to figure this out via forum before I hire a immigration lawyer. I might still end up hiring a lawyer but I just want to check and see. Thanks!