RFE I-864 and I-864a

[KAT - BETO 0]

Hello all,

I am helping my sister with the adjustment of status for her husband but she received an RFE so the RFE says she needs to submit an I-864 even if she doesn't meet the income requirements. But what it doesn't say is that an I-864a is needed for income requirements. I feel that these people are trying to delay the process. So does she need someone to fill out the I-864a form??????

Please help me so that her husband can get the resident card. :help:

Thank you all in advance for your feedback

[KayDeeCee 4,893]

What exactly was sent to begin with and what exactly does the RFE ask for?

The USC, your sister, needed to provide an I-864 regardless of her income. She is the primary sponsor even is she has no income. The joint sponsor would most likely have filled out their own separate I-864. An I-864A is used for a qualifying household member to combine their income with the income of the sponsor that filled out the I-864. How does the I-864A come into play in your sister's situation?

Need these questions answered for us to be able to help you properly.

[immibie 23]

Can her husband supports himself? When I did my AOS, my wife is a USC and she cannot sponsor me either due to low income. But she filled out the i-864 and one section on the form, I put my income and attach with my employment letter. No need I-864A. The instruction of I-864 is very helpful. I would recommend take time read it.

Edited August 16, 2012 by immibie

[KAT - BETO 0]

What exactly was sent to begin with and what exactly does the RFE ask for?

The USC, your sister, needed to provide an I-864 regardless of her income. She is the primary sponsor even is she has no income. The joint sponsor would most likely have filled out their own separate I-864. An I-864A is used for a qualifying household member to combine their income with the income of the sponsor that filled out the I-864. How does the I-864A come into play in your sister's situation?

Need these questions answered for us to be able to help you properly.

Hi thanks for replying. Well my mother filled out the I-864 and my sister didn't. So you are saying that she only needs to send the I-864? I asked about the I -864a because I thought it needed to be filled out. The RFE only asks for her I-864.

[KAT - BETO 0]

Can her husband supports himself? When I did my AOS, my wife is a USC and she cannot sponsor me either due to low income. But she filled out the i-864 and one section on the form, I put my income and attach with my employment letter. No need I-864A. The instruction of I-864 is very helpful. I would recommend take time read it.

Hi unfortunately he doesn't make that much income. My mother actually filled out 1st I-864 form. I didn't know my sister had to fill out I-864 even if she didn't meet income requirements.

[Anh map 2,098]

Hi unfortunately he doesn't make that much income. My mother actually filled out 1st I-864 form. I didn't know my sister had to fill out I-864 even if she didn't meet income requirements.

The petitioner always submits an affidavit of support regardless of income.

[KayDeeCee 4,893]

Hi thanks for replying. Well my mother filled out the I-864 and my sister didn't. So you are saying that she only needs to send the I-864? I asked about the I -864a because I thought it needed to be filled out. The RFE only asks for her I-864.

They sent the RFE because your sister did not send her required I-864. Your sister needed to fill out her own I-864 and provide her supporting documents with it. Your mother filled out an I-864 and provided her supporting documents as the joint sponsor. They need an affidavit of support from the petitioner/primary sponsor first and foremost, and then also one from any joint sponsor you may need. No I-864A needed in that situation.

[KAT - BETO 0]

They sent the RFE because your sister did not send her required I-864. Your sister needed to fill out her own I-864 and provide her supporting documents with it. Your mother filled out an I-864 and provided her supporting documents as the joint sponsor. They need an affidavit of support from the petitioner/primary sponsor first and foremost, and then also one from any joint sponsor you may need. No I-864A needed in that situation.

Thank you so much for the clarification