RFE regarding Affidavit of Support for I-485

[redbear76 0]

I need the help of the brain's trust here. Just received a RFE on my i-864 Affidavit of Support with two check boxes that state:

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

This I assume is because I only sent my father-in-law's paperwork in as my sponsor and not my wife's. My thinking was that as we had both just moved back to the US from being in Australia the last 3 years she would not be eligible as my sponsor. The RFE indicates that they need an i-864 from my wife as she was the petitioner on the I-129F.

So my question is do I (Australian citizen) need to submit an I-864 with my income tax for the last 3 years as well? or do they only require a new i-864 from my wife (US citizen)? I assume my father-in-law does not need to re-submit his paperwork again as they already have it. Can someone confirm this?

2. 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 United States

In my case, does the joint sponsor refer to my wife or my father-in-law? It would stand to reason that as my wife has just started working after moving back to the US that she would be my co-sponsor, but I have read elsewhere that she would have to be my primary sponsor and my father-in-law the co-sponsor. Can someone confirm who-is-who?

They sure do like to make things confusing.

[Harpa Timsah 13,258]

Your wife is the primary sponsor whether or not she worked. She will have to fill out I-864 as well and attach all necessary documents... tax returns, etc.

Your father-in-law is the co-sponsor, but they require proof of current status as a part of his co-sponsorship. I am going to guess that you did not attach a copy of his passport. You need to.

Good luck!

Edited December 17, 2010 by Harpa Timsah

[redbear76 0]

Thanks so much for the reply. Better ring my father-in-law before he flies to Italy for Christmas!

Your wife is the primary sponsor whether or not she worked. She will have to fill out I-864 as well and attach all necessary documents... tax returns, etc.

Your father-in-law is the co-sponsor, but they require proof of current status as a part of his co-sponsorship. I am going to guess that you did not attach a copy of his passport. You need to.

Good luck!

[Gary and Alla 3,694]

I need the help of the brain's trust here. Just received a RFE on my i-864 Affidavit of Support with two check boxes that state:

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

This I assume is because I only sent my father-in-law's paperwork in as my sponsor and not my wife's. My thinking was that as we had both just moved back to the US from being in Australia the last 3 years she would not be eligible as my sponsor. The RFE indicates that they need an i-864 from my wife as she was the petitioner on the I-129F.

So my question is do I (Australian citizen) need to submit an I-864 with my income tax for the last 3 years as well? or do they only require a new i-864 from my wife (US citizen)? I assume my father-in-law does not need to re-submit his paperwork again as they already have it. Can someone confirm this?

2. 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 United States

In my case, does the joint sponsor refer to my wife or my father-in-law? It would stand to reason that as my wife has just started working after moving back to the US that she would be my co-sponsor, but I have read elsewhere that she would have to be my primary sponsor and my father-in-law the co-sponsor. Can someone confirm who-is-who?

They sure do like to make things confusing.

Your wife is and always will be the SPONSOR. She MUST submit an I-864 even if she does not qualify along with the I-864 from the JOINT SPONSOR. BOTH must be US citizens or legal residents. Your wife, the SPONSOR, has already proven this with the petition.

Attach a copy of your Father in Laws birth certificate (both sides) or a copy of his entire passport.

[payxibka 10,047]

posted in the K-1 forum... not a K-1 topic but adjustment of status... moving to AOS forum, an entire forum dedicated to the AOS process

[Philiran 0]

All you need to copy is your father's passport biographical page not the entire thing or if he was born abroad and does not have a birth certificate in the US (like in my case) he might have a Certificate of Birth Abroad - good luck!