I-864 RFE Help please

[Shanec86 0]

Hi everyone,

So we applied for the AOS a few weeks back and I've since had my biometrics. This weekend I got a RFE saying

"The office is unable to complete the processing of your Application to Register Permanent Residence or Adjust Status, (Form I-485) without initial information. Submit ALL the information required below at one time.

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

So, we did submit one from my wife's father and not from my wife as she was in dental school for the past 4 years and earned no money. She started working two weeks ago. As she's earned no money and cannot support me I thought just the affidavit from her father would be fine, his earnings are over 125% of the poverty line. So we have to send a I-864 from my wife and I have a few questions about that :

Part 1, I guess she checks e. but is she the first or second of two joint sponsors? we're not including any of her tax information or work information as she doesn't have anything yet, just her fathers. I would guess she's the second because of this?

Part 3 section 8. "I am sponsoring the principal immigrant named in Part 2 above" Does she check yes or no? I'm assuming no?

Thanks for any help and sorry if I'm asking stupid questions I'm just finding it confusing and don't want to mess up again. I know we should include a letter saying why she's not including any tax information I just want to make sure we fill out the form correctly. Also do you know if we should also include another copy of her fathers affidavit? it doesn't ask for it so I assume there is no need?

Thanks for your help!!

Shane

[Martyshk 137]

My understanding that even if your spouse cannot support you, you still have to submit the form along with the co-sponsor's form.

[Nik+Heather 121]

Hi Shane

Regardless of your wife's current or previous income, as the petitioner, she is the primary sponsor. She is sponsoring you, so check yes.

So for your first question, your wife checks a. She is the petitioner.

For the second question, she checks yes. She is sponsoring you (regardless of income). What that is getting at is if there is an immigrant and some children coming along, with them you can get different sponsors for different family members (see 9)

You will need to provide tax information, or a letter explaining why she has not filed taxes (no income).

Are you two living with her father? (Just checking for other possible hangups here)

[Shanec86 0]

Hi Shane

Regardless of your wife's current or previous income, as the petitioner, she is the primary sponsor. She is sponsoring you, so check yes.

So for your first question, your wife checks a. She is the petitioner.

For the second question, she checks yes. She is sponsoring you (regardless of income). What that is getting at is if there is an immigrant and some children coming along, with them you can get different sponsors for different family members (see 9)

You will need to provide tax information, or a letter explaining why she has not filed taxes (no income).

Are you two living with her father? (Just checking for other possible hangups here)

Thanks for the fast replies.

Nik+Heather, Ok so she checks 1,a and that she is sponsoring me. As we're going to have to have the affidavit from her father too because we don't have proof that she can support me yet do I not need to check anything for that? and do we need to resubmit his? We will include a letter explaning why she has not filed taxes.

We are not living with her parents, they own an apartment and are letting us live here for free for now.

Thank you for your help!

Shane