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Alex13

Glaring omission from my I-864A submission

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Hi folks, have looked for an answer to this and can't seem to find one, and while I'm *fairly/hopefully* sure of the answer I'll get I just wanted to check...

We only sent in tax return and W-2 for our co-sponsor's I-864A - we totally forgot proof of citizenship and proof of employment. It was sent about 3 weeks ago and I went for my biometrics yesterday, should I expect an RFE (good option) or a denial or something worse (bad option)?

The RFE is fine because we can easily get hold of those things, just an honest mistake.

Thanks in advance for any help, chaps!

- Alex

08/10/11 - Sent AOS Package to Chicago Lockbox (concurrent filing of I-485 and I-130)

08/12/11 - AOS Package received

08/17/11 - Received NOA1, NOA2 and NOA3

09/07/11 - Biometrics appointment at Dallas Service Center

10/02/11 - Received Interview appointment for 10/21/11 in Dallas

10/21/11 - Interview - APPROVED!!

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RFE :)

Thanks for your swift response! Phew. I didn't want them to be like 'well clearly he doesn't have that stuff because only a total moron wouldn't have submitted it if they had it, so deny that man!' or something to that effect, haha.

08/10/11 - Sent AOS Package to Chicago Lockbox (concurrent filing of I-485 and I-130)

08/12/11 - AOS Package received

08/17/11 - Received NOA1, NOA2 and NOA3

09/07/11 - Biometrics appointment at Dallas Service Center

10/02/11 - Received Interview appointment for 10/21/11 in Dallas

10/21/11 - Interview - APPROVED!!

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Filed: Timeline

This is for an I-864A and not for an I-864? This is a member of your household or a member of your co-sponsor's household. There's nowhere on the I-864A that needs proof of citizenship. In fact, the intending immigrant's income can actually be included in yours by using the I-864A. Therefore, you do not need to be a citizen to fill out the I-864A.

Alex, is the person listed on the I-864A someone from your household whose income your combining to yours? If so, you should be ok.

If the person is a co-sponsor and not part of your household, then your problem is that they filled out the wrong form and should have filled out an I-864 and should have submitted their birth certificate or passport to establish citizenship.

Someone please correct me if I'm wrong, but this is my understanding of the two forms.

05/28/11 Entered USA on F-1

07/09/11 Got married

09/09/11 Filed for AOS

09/12/11 E-mail/SMS with receipt confirmation

09/21/11 Biometrics appointment received d for 10/03

09/26/11 Biometrics walk-in in Wheaton, Maryland

10/06/11 Filed AR-11 (Change of Address)to North Carolina

11/01/11 Interview Date Set for 12/13/2011 in Durham, NC

11/12/11 EAD arrived in the mail

11/12/11 Status is updated for the first time on USCIS.GOV

12/13/11 Interview. Approval of Conditional Green Card

12/__/11 Green Card arrived in the mail

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They forgot proof of current employment so there will be an RFE anyway. I think you might be right that the I-864A doesn't need proof of status; however, they may have filed the wrong form as you point out. I glanced over the I-864A instructions, and didn't see specific notes about proof of citizenship/lpr, but they do need proof that they live at the same address and proof of relationship, which they also may have omitted.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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This is for an I-864A and not for an I-864? This is a member of your household or a member of your co-sponsor's household. There's nowhere on the I-864A that needs proof of citizenship. In fact, the intending immigrant's income can actually be included in yours by using the I-864A. Therefore, you do not need to be a citizen to fill out the I-864A.

Alex, is the person listed on the I-864A someone from your household whose income your combining to yours? If so, you should be ok.

If the person is a co-sponsor and not part of your household, then your problem is that they filled out the wrong form and should have filled out an I-864 and should have submitted their birth certificate or passport to establish citizenship.

Someone please correct me if I'm wrong, but this is my understanding of the two forms.

Hi thanks for your reply...

Yeah the person who filled out the I-864A is someone from household who is combining income.. So there's my wife I-864 and the household member I-864A. Sorry for using the confusing lingo!

I actually wasn't aware till post-submission that somebody other than the petitioner could fill out an I-864, ie: I thought it HAD to be a household member with an I-864A.

So yeah all we submitted for the I-864A household member was a W-2 and 2010 tax return.

08/10/11 - Sent AOS Package to Chicago Lockbox (concurrent filing of I-485 and I-130)

08/12/11 - AOS Package received

08/17/11 - Received NOA1, NOA2 and NOA3

09/07/11 - Biometrics appointment at Dallas Service Center

10/02/11 - Received Interview appointment for 10/21/11 in Dallas

10/21/11 - Interview - APPROVED!!

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They forgot proof of current employment so there will be an RFE anyway. I think you might be right that the I-864A doesn't need proof of status; however, they may have filed the wrong form as you point out. I glanced over the I-864A instructions, and didn't see specific notes about proof of citizenship/lpr, but they do need proof that they live at the same address and proof of relationship, which they also may have omitted.

Yeah I think the lack of proof of current employment will snag us. And all the other proofs aren't there either, so I'll expect an RFE!

08/10/11 - Sent AOS Package to Chicago Lockbox (concurrent filing of I-485 and I-130)

08/12/11 - AOS Package received

08/17/11 - Received NOA1, NOA2 and NOA3

09/07/11 - Biometrics appointment at Dallas Service Center

10/02/11 - Received Interview appointment for 10/21/11 in Dallas

10/21/11 - Interview - APPROVED!!

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