485 RFE

[Andrew ba 0]

Hi, 

I submitted forms (i485, i130, i765, i130) a month ago.

biometric done yesterday.

i received this morning a RFE for my 485

” i864 was submitted, however, it was not from the petitioner/sponsor. Even if a joint sponsor will be used, the petitioner must submit form 864. You ll need to submit:

1) a completed sign 864(revision date 3/6/2018) from the petetioner/sponser

2) a copy of petetioner/sponsor’s tax return of the last year

3) supporting tax documents (w2, 1099s..)

 

what does this mean please? Do my whife (usc) need to submit a form 864? Even if she doesn’t have a good income? 

I sent a form 864 of her dad which is my sponsor with his tax return and w-2.

do i have to submit the i864 of her dad again?

 

[Marieke H 2,498]

As the petitioner, your wife has to complete the I-864, regardless of her income.

[Crazy Cat 41,845]

The primary sponsor must always submit an I-864 and supporting documents  along with co-sponsor I-864.

 

 

EDIT:  Just submit her I-864 and supporting documentation.

Edited August 2, 2018 by missileman

[Jo Së 200]

28 minutes ago, Andrew ba said:

what does this mean please? Do my whife (usc) need to submit a form 864? Even if she doesn’t have a good income? 

I sent a form 864 of her dad which is my sponsor with his tax return and w-2.

do i have to submit the i864 of her dad again?

Yes, as mentioned, even if she doesn't meet the financial requirement she is the primary sponsor.  

You don't have to resubmit her dad's if it was included with the packet already.

[geowrian 22,337]

43 minutes ago, Andrew ba said:

Do my whife (usc) need to submit a form 864? Even if she doesn’t have a good income? 

Yes. She will always be the primary sponsor, and remain responsible for the immigrant until the I-864 is no longer in effect.

If you file taxes as Married Filing Jointly (MFJ), then standard operating procedure is to request an I-864A from you as well, since it is marital income and assets being used.

[Andrew ba 0]

5 minutes ago, geowrian said:

Yes. She will always be the primary sponsor, and remain responsible for the immigrant until the I-864 is no longer in effect.

If you file taxes as Married Filing Jointly (MFJ), then standard operating procedure is to request an I-864A from you as well, since it is marital income and assets being used.

Thank you! I’m a f1 student and I don’t even have a EAD or SS. 

[TBoneTX 45,287]

Thread is moved from the "Moving to the US" forum to the "AOS from WS&T Visas" Case Progress subforum.