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Filed: Timeline
Posted

Hello,

My wife and I are currently going through the I-485 process from a K-1 visa. We were married in June and submitted our paperwork shortly afterward. Recently we received an RFE concerning our affidavit of support (I-864).

When we filed our I-485 paperwork, I did not meet the minimum income requirements, so my father filled out the affidavit of support and submitted his tax returns, etc. I did not fill out an affidavit of support.

The RFE states that "the applicant must submit a fully-completed and signed Form I-1864, Affidavit of Support, from the petitioner of the relative petition. The petitioner must submit an Affidavit of Support even if he/she does not meet the minimum income guidelines."

Is the RFE simply requesting that, in addition to the my father's signed I-864 which we already submitted, I also submit a signed I-864 and supporting evidence?

If I am leaving out any crucial details please let me know. Many thanks.

Posted

Yes, even though your father is the co-sponsor, you - as the petitioner - must still fill one out, even if you don't qualify.

All the best!

Hello,

My wife and I are currently going through the I-485 process from a K-1 visa. We were married in June and submitted our paperwork shortly afterward. Recently we received an RFE concerning our affidavit of support (I-864).

When we filed our I-485 paperwork, I did not meet the minimum income requirements, so my father filled out the affidavit of support and submitted his tax returns, etc. I did not fill out an affidavit of support.

The RFE states that "the applicant must submit a fully-completed and signed Form I-1864, Affidavit of Support, from the petitioner of the relative petition. The petitioner must submit an Affidavit of Support even if he/she does not meet the minimum income guidelines."

Is the RFE simply requesting that, in addition to the my father's signed I-864 which we already submitted, I also submit a signed I-864 and supporting evidence?

If I am leaving out any crucial details please let me know. Many thanks.

K1 Journey
11/2006...... met for the first time on a night out in London!
11/25/07..... I moved to the UK on a work visa to be with him 🙂
02/27/09..... he proposed!
08/30/10..... sent I-129F
09/02/10..... NOA1
01/27/11..... NOA2 (147 DAYS from NOA1)
03/22/11..... INTERVIEW! (201 DAYS from NOA1) - APPROVED! --> Read the review here!
03/25/11..... visa received!!!
06/09/11..... POE LAX!! --> Read the review here!

AOS Journey
07/22/11.... SSN received
08/27/11.... our wonderful wedding!!
09/23/11.... sent AOS package
09/25/11.... AOS package delivered in Chicago (7:33 p.m.)
10/10/11.... AP rejection letter, refiled 10/17
10/11/11.... NOA1 received via text & email (AOS + EAD only)
10/15/11.... hard copies of NOA1 for AOS + EAD received (dated 10/7)
10/17/11.... refiled AP
10/18/11.... successful biometrics walk-in, Santa Ana, CA (appt for 11/1)
10/20/11.... NOA1 for AP
12/12/11.... call in to USCIS. Told to call back after 12/26.
12/23/11.... I-765 approved

02/1/12...... Interview
02/02/12.... Approved!
02/10/12.... Hubby's GC in hand!

 

ROC Journey

12/09/13.... sent I-751 to CSC

12/10/13.... package delivered / NOA1

12/12/13.... cheque cashed

01/06/14.... biometrics

04/18/14.... approval letter dated (received 4/22)

 

Naturalization Journey

09/29/22.... filed N-400 online

09/30/22... NOA/biometrics reuse

01/23/23... interview scheduled for 02/28 

02/28/23... successful interview + oath ceremony in Santa Ana, CA! so proud! certificate of naturalization received! --> Read the review here!

Posted (edited)

You will file one I-864 under your name and check "I am the petitioner." Just list income nil and all other assets (car value, joint bank account...) On the cover letter put a note that you don't have income because you are student or unemployed... Hope this helps.

Edited by NancyNguyen

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Filed: Citizen (apr) Country: Australia
Timeline
Posted

The petitioner/sponsor (you) ALWAYS completes an i-864. You are always the primary sponsor, your father is a joint sponsor.

 
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