RFE for I-485 ...... Please help me!

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adnanusa

Registered Users (C)
Here is my case, my wife is a USC she was born in the US in 1986 and moved back home to my country with her family after only 12 days from her birth. She never came back to the USA until this April 2011 to marry me. We got married in April in the USA and I filled my paperwork for GC on May 31, 2011.

Since she didn't live in the US and she didn't work here our USC friend sponsored me for the I-864. On July first USCIS sent me an update stating that they sent me RFE and today I received it. I will quote from the letter (USCIS highlighted this section with a color pen):

"Form I-864 Affidavit of support was submitted; however, it was not from the petitioner/sponser.

Submit a completed and signed form I-864 for the petitioner/sponsor listed on form I-130. Even if a joint sponsor will be used, the petitioner/sponsor must submit form I-864. Also provide copies of the petitioner/sponsor's most recent Federal Income tax returns."

Here are my questions:

Since she didn't live in the US how can we send her tax return forms? (she did not file anything when she was living overseas!) If we don't have to submit her tax return then how can we proof that she never lived here? does she need to submit any other official government documents?

When we sent the I-864 from our friend the option for "only sponsor" was checked and not the "joint sponsor"! Does that mean we have to resend my friend's I-864 again to fix that check box?

Any advice or help from you will be really appreciated as I want to submit my RFE as soon as possible. Thank you very much
 
Did she file an I-864? Even if there is a joint sponsor, the I-130 petitioner also needs to file an I-864.

As a US citizen, she was and is supposed to file US tax returns based on worldwide income, unless her income was below the amount for being required to file (generally around $8000/year). There are tax credits and treaties that can be used to cancel out most or all of the US taxation, but the US tax return still needs to be filed.
 
Jackolantern said:
Did she file an I-864? Even if there is a joint sponsor, the I-130 petitioner also needs to file an I-864.

As a US citizen, she was and is supposed to file US tax returns based on worldwide income, unless her income was below the amount for being required to file (generally around $8000/year). There are tax credits and treaties that can be used to cancel out most or all of the US taxation, but the US tax return still needs to be filed.
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Thank you for your response. We forgot to file her I-864.

She was living in Yemen, she never worked or had to work. Does she still has to file tax return? And if she does have to file tax return what are we supposed to do now?

Your help is really appreciated. Thanks
 
Ok since she never worked or never had to. Heres what you do:
Have her fill out I-864, she will just have to put her information in (like name, ssn, your info etc.). leave blank parts where it asks about her income. You can also leave blank the assets part. When it asks you to check if you filed tax return for the three most recent years, don't check it. Have her sign the form and attach explanation letter stating something like: no income received in the last three years. Signature, date. Hope it helps.
 
desp1234 said:
Ok since she never worked or never had to. Heres what you do:
Have her fill out I-864, she will just have to put her information in (like name, ssn, your info etc.). leave blank parts where it asks about her income. You can also leave blank the assets part. When it asks you to check if you filed tax return for the three most recent years, don't check it. Have her sign the form and attach explanation letter stating something like: no income received in the last three years. Signature, date. Hope it helps.
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She was going to school overseas in the last three years, does attaching her transcript would be as proof that she was a student and she wasn't working?

Do we have to resend my friend's I-864 again?

While we are working now on I-864 for my wife. In part 1 in the form do we check box "a" and "e - second"?

Sorry for all these questions, we are very stressed and we need to get it done because it is a pain in the neck!

thanks
 
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adnanusa said:
She was going to school overseas in the last three years, does attaching her transcript would be as proof that she was a student and she wasn't working?

Do we have to resend my friend's I-864 again?

While we are working now on I-864 for my wife. In part 1 in the form do we check box "a" and "e - second"?

Sorry for all these questions, we are very stressed and we need to get it done because it is a pain in the neck!

thanks
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her word is more than enough proof. As long as you have somebody who qualifies as a sponsor, you will be fine. Uscis just need to have I-864 from her on file because she and the joint sponsor are equally responsible. you will not have to send your friends I-864 again as the RFE doesn't say anything about it. On your wifes I-864 you check box a only. you will be fine
 
desp1234 said:
her word is more than enough proof. As long as you have somebody who qualifies as a sponsor, you will be fine. Uscis just need to have I-864 from her on file because she and the joint sponsor are equally responsible. you will not have to send your friends I-864 again as the RFE doesn't say anything about it. On your wifes I-864 you check box a only. you will be fine
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Thank you really so much!
 
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