Responding to an RFE related to I-864 for Marriage Based Green Card

[sumitnarang]

Hello Everyone,

I applied for an AOS application from F1 to a marriage based green card application. As part of the process, filled the necessary forms. While filling I864, i used my income to supplement my wife's income since she doesn't work right now and she was student till 2019. My income was way above the federal poverty guidelines but still got an rfe. I have attached the RFE.

So, i am wondering that if i was supplementing my income(Beneficiary) to my wife's(USC) income, should i have filed I-864A?, because i believe i forgot to fill I-864A. I think that's what's wrong with my application. Problem is RFE doesn't mention I-864A, it is simply saying Petitioner is not qualified to sponsor. In order to sponsor, you must meet 125% of Federal Poverty Guidelines and we have put $0 to her income, but my income was about $50k which we mentioned in the household income, but again forgot to fill I-864A?

Any inputs or guidance will be highly appreciated. Please help out folks.

Thanks

[verbose]

Wait, you are the beneficiary and you want to be the joint sponsor (by filing 864A) also with the primary sponsor (Your wife filing I-864) having zero income? I don’t think this will work-you need to find a third person to fill out the 864A since you cannot be both Beneficiary and Sponsor.

[verbose]

Pls see this link:

https://www.uscis.gov/green-card/gre...vit-of-support

Sponsor for Affidavit of Support


If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.

Section 213A of the INA permits both a "joint sponsor" and a "substitute sponsor" in certain cases.


Joint Sponsor


A joint sponsor is someone who is willing to accept legal responsibility for supporting your family member with you. A joint sponsor must meet all the same requirements as you, except the joint sponsor does not need to be related to the immigrant. The joint sponsor (or the joint sponsor and his or her household) must reach the 125% income requirement alone. You cannot combine your income with that of a joint sponsor to meet the income requirement.

[newacct]

Hello Everyone,

I applied for an AOS application from F1 to a marriage based green card application. As part of the process, filled the necessary forms. While filling I864, i used my income to supplement my wife's income since she doesn't work right now and she was student till 2019. My income was way above the federal poverty guidelines but still got an rfe. I have attached the RFE.

So, i am wondering that if i was supplementing my income(Beneficiary) to my wife's(USC) income, should i have filed I-864A?, because i believe i forgot to fill I-864A. I think that's what's wrong with my application. Problem is RFE doesn't mention I-864A, it is simply saying Petitioner is not qualified to sponsor. In order to sponsor, you must meet 125% of Federal Poverty Guidelines and we have put $0 to her income, but my income was about $50k which we mentioned in the household income, but again forgot to fill I-864A?

Any inputs or guidance will be highly appreciated. Please help out folks.

Thanks

No, you (the intending immigrant) do not need to fill out I-864A to have your income counted in the sponsor's household income, unless there is a derivative beneficiary immigrating on the same petition.

But are you sure your wife filled out the I-864 correctly? Her I-864 Part 6 #7 (her current individual income) should be 0 since she doesn't work. Your name and income should be listed in Part 6 #8-10 (Person 1). Her income and your income add up to Part 6 #20 (her current household income). According to your description, the number here should be well above 125% of the poverty level. In addition, she would check the box in Part 6 #22 and list your name, since you are the intending immigrant and so you do not need to fill out I-864A. Is that how it was filled out?

[newacct]

Wait, you are the beneficiary and you want to be the joint sponsor (by filing 864A) also with the primary sponsor (Your wife filing I-864) having zero income? I don’t think this will work-you need to find a third person to fill out the 864A since you cannot be both Beneficiary and Sponsor.

First, I-864A is not for joint sponsors; it's for household members of the sponsor. Joint sponsors fill out I-864.

Second, the intending immigrant's income can be counted in the sponsor's income if the intending immigrant is the sponsor's spouse or is a relative who resides in the same household as the sponsor, and the intending immigrant's income comes from legal work in the US.

[verbose]

Thanks for the correction!

[sumitnarang]

newacct The forms are filled like you mentioned except for part 22. Instead of checking part 22, i checked part 21. Could that be it? I really appreciate the response and comments.

[sumitnarang]

Part 21 says the people mentioned from part 8-20 have filled I864A and part 22 says the intended person doesn't need to fill I864A if he is mentioned from 8-20 and is the intended immigrant.

[newacct]

So maybe she should re-submit a correct I-864. Also, she should attach proof of your current income (e.g. recent pay stubs and employer letter if possible), and she also needs to attach proof that you are working legally in the US (e.g. your EAD).