AOS I 864 RFE Question

[johnichka 0]

Need some advice:

Received an RFE by snail mail yesterday. It was for my wife's daughter (K2). RFE is written as follows:

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, (form I-485) without additional information. Please submit the information requested below.

AFFIDAVIT OF SUPPORT (FORM I-864)

SIGNATURE on the AFFIDAVIT

Please submit a Form I-864 for the applicant, with the petitioner/sponsor's, original signature and date on page 8 of the form.

Note: The petitioner/sponsor does not need to submit supporting tax documentation and employment records.

OK - I checked the statuse of my wives AOS - online, it says that CARD PRODUCTION ORDERED on May 27th (yesterday)

If (as they claim) I had not signed the i-864 form on which the K2 was included, how did my wife get approved? I am confused on why they are asking for a signature on page 8 of the 864 where I had listed my wife as the principle immigrant and the K2 daughter in PART 3 as a family member being sponsored. Am I missing something?

Again, this RFE is for the K2...

I guess I will just send them a copy of the signed I-864 that I originally sent in??????

Thanks

[payxibka 10,045]

did you submit a copy of the I-864 with the K-2's AOS or just incorporate by reference to the K-1's AOS application?

[Nich-Nick 3,354]

The I-864 instructions say

"You must submit a Form I-864 affidavit of support for each intending immigrant you are sponsoring. You may submit photocopies if you are sponsoring more than one intending immigrant listed on the same affidavit of support. "

Sounds like the K2 needed her own form to go with her file.

[johnichka 0]

did you submit a copy of the I-864 with the K-2's AOS or just incorporate by reference to the K-1's AOS application?

Incorporated as part of the K-1'a AOS application

In Part 3 of page one of the I-485, it states under statement #9 - I am sponsoring the following family memebrs immigrating at the same time or within six months of the priciple immigrant named in Part 2 above.

This is where I listed the daughter (k2) name, the relationship to sponsored immigrant, date of birth (she is 6 years old) , A-number

So I believe this was completed correctly. You do not need to submit a seperate 864 for each family memeber as long as they arrived at the same time or within 6 months.

[payxibka 10,045]

did you submit a copy of the I-864 with the K-2's AOS or just incorporate by reference to the K-1's AOS application?

Incorporated as part of the K-1'a AOS application

In Part 3 of page one of the I-485, it states under statement #9 - I am sponsoring the following family memebrs immigrating at the same time or within six months of the priciple immigrant named in Part 2 above.

This is where I listed the daughter (k2) name, the relationship to sponsored immigrant, date of birth (she is 6 years old) , A-number

So I believe this was completed correctly. You do not need to submit a seperate 864 for each family memeber as long as they arrived at the same time or within 6 months.

Correct, but you do need to include a copy of the prepared form in EACH application.... Each application needs to stand alone because they could be separated and reviewed by different adjudicators. If this happened, the K-2's application was incomplete and the adjudicator did not have access to the I-864 that was submitted only with the K-1's application.

Edited May 28, 2009 by payxibka

[johnichka 0]

did you submit a copy of the I-864 with the K-2's AOS or just incorporate by reference to the K-1's AOS application?

Incorporated as part of the K-1'a AOS application

In Part 3 of page one of the I-485, it states under statement #9 - I am sponsoring the following family memebrs immigrating at the same time or within six months of the priciple immigrant named in Part 2 above.

This is where I listed the daughter (k2) name, the relationship to sponsored immigrant, date of birth (she is 6 years old) , A-number

So I believe this was completed correctly. You do not need to submit a seperate 864 for each family memeber as long as they arrived at the same time or within 6 months.

Correct, but you do need to include a copy of the prepared form in EACH application.... Each application needs to stand alone because they could be separated and reviewed by different adjudicators. If this happened, the K-2's application was incomplete and the adjudicator did not have access to the I-864 that was submitted only with the K-1's application.

If this is the case, why would they state that an I-864 form was missing from the submission and ask for a complete i-864. The RFE was for "SIGNATURE on AFFIDAVIT - Please submit a Form I-864 for the applicant with the petitioner's original signature and date on page 8 of the form"

[payxibka 10,045]

did you submit a copy of the I-864 with the K-2's AOS or just incorporate by reference to the K-1's AOS application?

Incorporated as part of the K-1'a AOS application

In Part 3 of page one of the I-485, it states under statement #9 - I am sponsoring the following family memebrs immigrating at the same time or within six months of the priciple immigrant named in Part 2 above.

This is where I listed the daughter (k2) name, the relationship to sponsored immigrant, date of birth (she is 6 years old) , A-number

So I believe this was completed correctly. You do not need to submit a seperate 864 for each family memeber as long as they arrived at the same time or within 6 months.

Correct, but you do need to include a copy of the prepared form in EACH application.... Each application needs to stand alone because they could be separated and reviewed by different adjudicators. If this happened, the K-2's application was incomplete and the adjudicator did not have access to the I-864 that was submitted only with the K-1's application.

If this is the case, why would they state that an I-864 form was missing from the submission and ask for a complete i-864. The RFE was for "SIGNATURE on AFFIDAVIT - Please submit a Form I-864 for the applicant with the petitioner's original signature and date on page 8 of the form"

Who knows... they use "boilerplate" language on RFE's and the adjudicator may simply have selected one that most closely represented what they need. The SIGNATURE may not be the key point but in reality the "Please submit a Form I-864 for the applicant with the petitioner's original signature and date on page 8 of the form"

[Bobby+Umit 161]

did you submit a copy of the I-864 with the K-2's AOS or just incorporate by reference to the K-1's AOS application?

Incorporated as part of the K-1'a AOS application

In Part 3 of page one of the I-485, it states under statement #9 - I am sponsoring the following family memebrs immigrating at the same time or within six months of the priciple immigrant named in Part 2 above.

This is where I listed the daughter (k2) name, the relationship to sponsored immigrant, date of birth (she is 6 years old) , A-number

So I believe this was completed correctly. You do not need to submit a seperate 864 for each family memeber as long as they arrived at the same time or within 6 months.

Correct, but you do need to include a copy of the prepared form in EACH application.... Each application needs to stand alone because they could be separated and reviewed by different adjudicators. If this happened, the K-2's application was incomplete and the adjudicator did not have access to the I-864 that was submitted only with the K-1's application.

If this is the case, why would they state that an I-864 form was missing from the submission and ask for a complete i-864. The RFE was for "SIGNATURE on AFFIDAVIT - Please submit a Form I-864 for the applicant with the petitioner's original signature and date on page 8 of the form"

Who knows... they use "boilerplate" language on RFE's and the adjudicator may simply have selected one that most closely represented what they need. The SIGNATURE may not be the key point but in reality the "Please submit a Form I-864 for the applicant with the petitioner's original signature and date on page 8 of the form"

That is exactly right, most likely...

[johnichka 0]

did you submit a copy of the I-864 with the K-2's AOS or just incorporate by reference to the K-1's AOS application?

Incorporated as part of the K-1'a AOS application

In Part 3 of page one of the I-485, it states under statement #9 - I am sponsoring the following family memebrs immigrating at the same time or within six months of the priciple immigrant named in Part 2 above.

This is where I listed the daughter (k2) name, the relationship to sponsored immigrant, date of birth (she is 6 years old) , A-number

So I believe this was completed correctly. You do not need to submit a seperate 864 for each family memeber as long as they arrived at the same time or within 6 months.

Correct, but you do need to include a copy of the prepared form in EACH application.... Each application needs to stand alone because they could be separated and reviewed by different adjudicators. If this happened, the K-2's application was incomplete and the adjudicator did not have access to the I-864 that was submitted only with the K-1's application.

If this is the case, why would they state that an I-864 form was missing from the submission and ask for a complete i-864. The RFE was for "SIGNATURE on AFFIDAVIT - Please submit a Form I-864 for the applicant with the petitioner's original signature and date on page 8 of the form"

Who knows... they use "boilerplate" language on RFE's and the adjudicator may simply have selected one that most closely represented what they need. The SIGNATURE may not be the key point but in reality the "Please submit a Form I-864 for the applicant with the petitioner's original signature and date on page 8 of the form"

That is exactly right, most likely...

OK - thanks to all for thier advice. Here is what is supposed to happen. I did not follow the directions carefully.

Often a spouse or minor children obtain visas or adjust statusas dependents of a relative, based on the same visa petition. Ifyou are sponsoring such dependents, you only need to providea photocopy of the original Form I-864, as long as thesedependents are immigrating at the same time as the principalimmigrant or within six months of the time he or sheimmigrates to the United States. You do not need to providecopies of the supporting documents for each of thephotocopied Forms I-864.

[Gary and Alla 3,694]

Need some advice:

Received an RFE by snail mail yesterday. It was for my wife's daughter (K2). RFE is written as follows:

This office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, (form I-485) without additional information. Please submit the information requested below.

AFFIDAVIT OF SUPPORT (FORM I-864)

SIGNATURE on the AFFIDAVIT

Please submit a Form I-864 for the applicant, with the petitioner/sponsor's, original signature and date on page 8 of the form.

Note: The petitioner/sponsor does not need to submit supporting tax documentation and employment records.

OK - I checked the statuse of my wives AOS - online, it says that CARD PRODUCTION ORDERED on May 27th (yesterday)

If (as they claim) I had not signed the i-864 form on which the K2 was included, how did my wife get approved? I am confused on why they are asking for a signature on page 8 of the 864 where I had listed my wife as the principle immigrant and the K2 daughter in PART 3 as a family member being sponsored. Am I missing something?

Again, this RFE is for the K2...

I guess I will just send them a copy of the signed I-864 that I originally sent in??????

Thanks

You needed to submit a separate affidavit of suppot for the K-2. Reading the instructions carefully I determined that for the K-2 it would be acceptabel to submit a copy of the I-134 used at the interview in Kiev and I did that. But you MUST submit something for each applicant.

[payxibka 10,045]

You needed to submit a separate affidavit of suppot for the K-2. Reading the instructions carefully I determined that for the K-2 it would be acceptabel to submit a copy of the I-134 used at the interview in Kiev and I did that. But you MUST submit something for each applicant.

Gary,

For AOS, a copy of the I-134 will subject the OP to denial (particularly as a response to an RFE)... It needs to be the I-864 and a copy submitted with his wife's I-485 would suffice.

[Gary and Alla 3,694]

You needed to submit a separate affidavit of suppot for the K-2. Reading the instructions carefully I determined that for the K-2 it would be acceptabel to submit a copy of the I-134 used at the interview in Kiev and I did that. But you MUST submit something for each applicant.

Gary,

For AOS, a copy of the I-134 will subject the OP to denial (particularly as a response to an RFE)... It needs to be the I-864 and a copy submitted with his wife's I-485 would suffice.

Payxibka:

Agreed. Sorry for any confusion in my response. To the OP...if they asked for the I-864, by all means, give it to them. I only meant to mention, in our AOS package I sent one I-864 and one I-134 for our son. Maybe I got lucky. They definitely need an affidavit for each applicant. But definitely, when you get an RFE, send them what they ask for, especially since the files are now obviously separated.

[payxibka 10,045]

Payxibka:

Agreed. Sorry for any confusion in my response. To the OP...if they asked for the I-864, by all means, give it to them. I only meant to mention, in our AOS package I sent one I-864 and one I-134 for our son. Maybe I got lucky. They definitely need an affidavit for each applicant. But definitely, when you get an RFE, send them what they ask for, especially since the files are now obviously separated.

If you sent the I-134 for the son then you got lucky

[Gary and Alla 3,694]

Payxibka:

Agreed. Sorry for any confusion in my response. To the OP...if they asked for the I-864, by all means, give it to them. I only meant to mention, in our AOS package I sent one I-864 and one I-134 for our son. Maybe I got lucky. They definitely need an affidavit for each applicant. But definitely, when you get an RFE, send them what they ask for, especially since the files are now obviously separated.

If you sent the I-134 for the son then you got lucky

Should have bought a powerball ticket instead and took the RFE. Dammit.