Request for Initial Evidence (I-485)

[TenderGlow 1]

I received this request for Initial Evidence and here's what is stated:

- Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponsor

In order to process your application further, submit a completed and signed Form I-864 for the petitioner/sponsor listed on form I-130 or I-129F.

For more specific information, see form I-864 instructions, page 2 "Who Completes and Signs Form I-864 (...)

- The joint sponsor on Form I-864, Affidavit of Support, must be a United States Citizen, United States National, or Lawful Permanent Resident of the Unted States.

In order to process your application further, submit evidence of the joint sponsor's status

For more specific informations, see Form I-864 (...)

I was pretty surprised to receive this letter for the following reasons:

- My mother in law (a US citizen) filled the petition with all her income informations. She filled it and signed it, in the 1st field she crossed that she was the petitioner.

- I have no joint sponsor for this application since my mother in law income seemed enough for the petition.

Could anybody help me to clarify what is happening or what should be done next to solve this problem? Thanks in advance

[Otto 83]

It sounds like the RFE is asking for an I-864 from the US citizen spouse (I'm presuming this is family/spousal-based) and also proof that your MIL is either a US citizen or Permanent Resident.

[Bobby+Umit 161]

How did your mother in law prove she was an USC?

and - did you send in your 864? you are the petitioner, she is the joint sponsor, a difference to be sure..

Edited August 17, 2009 by Bobby_Umit

[payxibka 10,047]

What they are saying is even if not financially qualifed, the USC petitioner must submit an I-864 in addition to any co or joint sponsor.

They are looking for a birth certificate or ID page from the passport for the MIL

[TenderGlow 1]

Thanx for all those REALLY fast answers!

Otto und Karin: My spouse is US citizen too and she never filled the I-485, if I consider this a mistake, should she fill one too? How? As a main or join sponsor?

I don't think my mother in law included a proof of her US citizenship. Now I know what to do about that.

I am the immigrant, does that mean I am the petitioner? or should it be my US citizen wife?

[Bobby+Umit 161]

Thanx for all those REALLY fast answers!

Otto und Karin: My spouse is US citizen too and she never filled the I-485, if I consider this a mistake, should she fill one too? How? As a main or join sponsor?

I don't think my mother in law included a proof of her US citizenship. Now I know what to do about that.

I am the immigrant, does that mean I am the petitioner? or should it be my US citizen wife?

No - the sponsor is the USC (wife) - your mother in law is the joint sponsor. ( in my initial post, i didn't know who you were (sponsor/benificiary)

Both must submit the 864.

joint sponsor needs to show USC status. (or other legal status as applicable).

[Otto 83]

Just to clarify some things.

Your wife (the US Citizen) should have submitted an I-864 (and all its supporting document) as the primary sponsor (no matter if she earns anything or not). The MIL would be the joint sponsor (and must show her citizenship).

[TenderGlow 1]

Thank you for you answers, that helps so much.

I will re-send two I-485:

- 1 from my wife (the US Citizen) with all the papers and proof of citizenship.

- 1 from my Mother in Law with the proof of citizenship too.

I hope it will be ok now.

One thing that I found weird is that my mother in law was the only petitioner for my K1 visa

[payxibka 10,047]

Thank you for you answers, that helps so much.

I will re-send two I-485:

- 1 from my wife (the US Citizen) with all the papers and proof of citizenship.

- 1 from my Mother in Law with the proof of citizenship too.

I hope it will be ok now.

One thing that I found weird is that my mother in law was the only petitioner for my K1 visa

No, your MIL could not be the petitioner for your K-1... the petitioner could only have been your spouse. You MIL may have been the sponsor on the I-134 but you are now registering for a GC and the requirements are different

Do NOT send two I-485's but two I-864's

Edited August 17, 2009 by payxibka

[Bobby+Umit 161]

Thank you for you answers, that helps so much.

I will re-send two I-485:

- 1 from my wife (the US Citizen) with all the papers and proof of citizenship.

- 1 from my Mother in Law with the proof of citizenship too.

I hope it will be ok now.

One thing that I found weird is that my mother in law was the only petitioner for my K1 visa

Your wife does not need to prove USC - she all ready did (since you did the K-1)

Proof of U.S. citizen, national, or permanent resident status is required for joint and substitute sponsors and for relatives of employment-based immigrants who file this form. Petitioning relatives who have already filed proof of their citizenship or immigration status with Forms I-130, Form I-129F, I-600 and I-600A do not need to submit proof of their status with this form.

Do you mean your wife didn't submit a separate I-134?

(perhaps your wife should read the 864 instructions?)

Edited August 17, 2009 by Bobby_Umit

[Otto 83]

Thank you for you answers, that helps so much.

I will re-send two I-485I-864:

- 1 from my wife (the US Citizen) with all the papers and proof of citizenship.

- 1 from my Mother in Law with the proof of citizenship too.

I hope it will be ok now.

One thing that I found weird is that my mother in law was the only petitionerI presume you mean 'the only sponsor/co-sponsor (your now wife would have been the Petitioner) - that is unusual for my K1 visa

[TenderGlow 1]

Thanx all again for your answers, I guess I had an overdose of paperwork these days... The petitioner (my wife) is the "first/main" sponsor. Everything is much clearer now.

- My wife should be the petitioner (filling the I-864 for me and checking the first item as the petitioner) and she does not need to prove her status/citizenship since she did it before throught the K1 process.

- My MIL is then a joint sponsor, and she needs to prove her citizenship while filling the I-864.

is this should be ok?

Edited August 17, 2009 by TenderGlow

[Otto 83]

is this should be ok?

Yes - you're getting it..

[Anh map 2,098]

Thanx all again for your answers, I guess I had an overdose of paperwork these days... The petitioner (my wife) is the "first/main" sponsor. Everything is much clearer now.

- My wife should be the petitioner (filling the I-864 for me and checking the first item as the petitioner) and she does not need to prove her status/citizenship since she did it before throught the K1 process.- My MIL is then a joint sponsor, and she needs to prove her citizenship while filling the I-864.

is this should be ok?

The USC spouse needs to provide their proof of citizenship along with their I-864 as well. This petition is entirely separate from the K1 petition. Follow the form instructions to make sure that all is done correctly.

[TenderGlow 1]

Thanx all again for your answers, I guess I had an overdose of paperwork these days... The petitioner (my wife) is the "first/main" sponsor. Everything is much clearer now.

- My wife should be the petitioner (filling the I-864 for me and checking the first item as the petitioner) and she does not need to prove her status/citizenship since she did it before throught the K1 process.- My MIL is then a joint sponsor, and she needs to prove her citizenship while filling the I-864.

is this should be ok?

The USC spouse needs to provide their proof of citizenship along with their I-864 as well. This petition is entirely separate from the K1 petition. Follow the form instructions to make sure that all is done correctly.

A photocopy of California Driving License or passport would be enough for my wife and MIL?