HELP! RFE for I-864

[JJCT]

I am a stay at home mom so my parents are my husband's sponsors. I just got a RFE from NVC. They need me to fill out the I-864 form as well even though I do not make an income. They are asking for W2 forms and federal income tax returns for the year 2007. My husband filed his taxes with his ITIN. Should I submit those? It also says to include a letter stating why I don't have an income and why I don't file taxes.

Should I income my husband's income in this I-864 packet?

[Pooh79]

Eventhough you don't work you need to fill out the form as you are petitioning for him. Put a $0 for sums and write a letter explaining that you are a stay at home mom and have no income. If your hubby files as married filing jointly then you do need to include that income and provide those copies I believe.

[JJCT]

Thank you Pooh79. I read through the directions and it very confusing. Does anyone else have any ideas on how to handle this? Maybe I should submit this question for Laurel's chat on Wednesday.

[monki12]

hi jj,

pooh is right, you still need to submit it. Someone posted this question to laurel two weeks ago (or something like that) and she answered pretty much the same. you could look at laurel's chat log and find the question.....ill look for it too, just to be on the safe side

:wink:

[JJCT]

Thanks Monki. Does he just need to send documents from 2007 or from the last 3 years? My husband only started filing his taxes 2 years ago. He has always had taxes taken out of his paycheck, but he never filed for a refund until we got married.

[JMRJ]

Did you file taxes?

Did your husband file married filing jointly?

[JJCT]

My husband does filled married jointly. He filed this way for 2006 and 2007. Should I send it both years documents?

[carlosalica]

I am a stay at home mom and I still included my taxes. Althougth for the three years I had filed because I had income, but at the time we filed I didn't have a job. There were no problems as long as the joint sponsor or sponsors make enough money. In the directions for the form it does say even your income is $0 you still have to file an I864. Yes, you should send in both years of taxes.

[JMRJ]

My husband does filled married jointly. He filed this way for 2006 and 2007. Should I send it both years documents?
1. You are still the sponsor of your husband. And as a sponsor the purpose of your I-864 is to establish that your principal residence is in the U.S. on or before the date of the decision on the principal application for your husband's immigrant visa.
2. The income requirement, your parents independently take care of that through their independent I-864s.
3. The RFE you have received is asking for W2(s) and federal tax return of year 2007 only. Since you did not fill out an I-864, the NVC has no idea that you did not make an income.
4. This is when your letter stating that you did not make an income and that you are an at home mom as Pooh suggested kick in.
5. Include your husband's own federal tax return and his W2 of 2007. His income will not be considered at all but they will be able to determine between what's his income and what's yours. This may also serve as an evidence supporting your own I-864 indicating your $0 income.

You will need I-864 Form, a letter stating your lack of income and federal tax return and W2 of your husband. Double check with NVC before you send it in. Ask this question to Laurel.

I hope I did not miss something. I'm multitasking.

Goodluck.

[JJCT]

Thank you so much JMRJ!!! You a such a good help!

[monki12]

:ditto: jmrj knows her stuff....:wink:

[JMRJ]

You're welcome J.

monki - :blush:

[klaudialaw]

JMRJ- I just sent you a PM. Please read it.

Thanks,

Klaudia

[JMRJ]

JMRJ- I just sent you a PM. Please read it.

Thanks,

Klaudia
I got it :)