Request of Evidence I-485 form

[SteveFrench 0]

I received a yellow letter in the mail today, Request of Initial Evidence I-485.

From the looks of the letter it is asking me to fill out an I-864 form. Can anyone help me out and talk me down, I'm freaking out that I won't do something right with this request and cause my application to be cancelled.

Attached should be letter & request

[Ian H. 207]

It looks like you submitted an expired I-864. The form is only valid for one year from the day it was signed. Therefore, you will need to complete a new one and obtain current supporting documentation, ie taxes, employment letter/paystubs.

[AnotherLostSoul 167]

When you download these forms they have a little date on the top right (I think it is still the top right) indicating when that form will expire. USCIS then issues a "new" form of that. Seems like you guys filled out a form that has expired a long time ago (March 2013). You need to go to ww.uscis.gov and download the latest version of the form, fill that one out, sign it and mail it back. They won't flat out deny you, that is why they are asking for this form, so that they can proceed with your application. All the best!

[KayDeeCee 4,896]

The current form is not based on the expiration in the upper right. It is based on the Edition Date, which is found at the bottom left of each page of the form. The current form has an expiration date listed at he top as 3/31/2015, but the edition date is 3/22/13. The expiration date is used internally and is supposed to be the date the form is to be updated. It doesn't always happen on time, and the form itself doesn't always change, other than the expiration and edition dates.

Edition Date

03/22/13. No previous editions accepted.

http://www.uscis.gov/i-864

OP> Yes, they want a new I-864 from you. You either sent in an I-864 that you filled out, signed and dated more than a year ago, or you used an outdated form edition.

[Ian H. 207]

The OP most likely did send the correct edition, because the RFE specifically mentions that the I-864 was signed more than a year ago.

OP: I'm just curious, since you don't have a timeline, why was your I-864 signed more than a year ago? Have you been waiting that long for AOS or did you prepare the I-864 well before you were ready to submit the AOS?

Edited September 13, 2014 by Ian H.

[SteveFrench 0]

The OP most likely did send the correct edition, because the RFE specifically mentions that the I-864 was signed more than a year ago.

OP: I'm just curious, since you don't have a timeline, why was your I-864 signed more than a year ago? Have you been waiting that long for AOS or did you prepare the I-864 well before you were ready to submit the AOS?

I filled out the paper work about 4 months ago. To be honest, I didn't notice what date/edition of the I-864 I used at the time, I thought it was the most current. Perhaps I used the same paper work from the K1 which is now about a year old.

Any advice on what my issue is/was ?

[Ian H. 207]

Well, according to the RFE it says the affidavit was signed more than a year ago. It's possible they sent this because the paperwork is a year old as well.

The thing is that the I-864 is acceptable for one year after it's signed. Therefore, when you submit the I-864 again, you have to make sure that the supporting docs are the most recent ie recent taxes, paystubs/employment letter as well as make sure the date is legible.

I remember when I prepared my cousin's husband paperwork, their joint sponsor who lives in PR, signed the date very weirdly and instead of looking like 2013, it looked like 2010. I remember they were like that's fine because that's how he writes his 3's lol. I'm like no, if they think that is a 0 it won't be accepted.

Anyway, all I know is that you want to make sure that the form is the most recent edition, which if you get online, it will be. It definitely sounds like it was because of the old paperwork because if you got the form online, it would have been the most recent edition.

[KayDeeCee 4,896]

I filled out the paper work about 4 months ago. To be honest, I didn't notice what date/edition of the I-864 I used at the time, I thought it was the most current. Perhaps I used the same paper work from the K1 which is now about a year old.

Any advice on what my issue is/was ?

You should not have even needed to use the I-864 for the K-1 visa interview. Anyway, just download the current form from the USCIS site, and send it in with updated proof of current income and most recent tax transcript. That should satisfy the RFE completely.