AOS RFE

[LegalAlienn 125]

Hi all

I receive an RFE from USCIS on our case. It is asking this to submit:

-Form i-864, Affidavit of Support, was submitted; however, it was not from the petitioning sponsor. Even if a joint sponsor will be used, the petitioning sponsor must submit Form i-864. In order to process your application further, you must: 

    -Submit a completed and signed form i-864, from the petitioning sponsor. 

 

So we have submitted the i864 from my wife's mom as a sponsor. Now my question is if this additional one that they are asking for supposed to be from my wife as she is petitioning sponsor?

[Ayrton 965]

7 minutes ago, LegalAlienn said:

Hi all

I receive an RFE from USCIS on our case. It is asking this to submit:

-Form i-864, Affidavit of Support, was submitted; however, it was not from the petitioning sponsor. Even if a joint sponsor will be used, the petitioning sponsor must submit Form i-864. In order to process your application further, you must: 

    -Submit a completed and signed form i-864, from the petitioning sponsor. 

 

So we have submitted the i864 from my wife's mom as a sponsor. Now my question is if this additional one that they are asking for supposed to be from my wife as she is petitioning sponsor?

Yes. The USC spouse is always the main sponsor, even if they don't meet the requirements, so they also have to fill out a 864 and send all the required documents with it, like tax returns, for example.

[LegalAlienn 125]

1 minute ago, Ayrton said:

Yes. The USC spouse is always the main sponsor, even if they don't meet the requirements, so they also have to fill out a 864 and send all the required documents with it, like tax returns, for example.

Awesome, thank you.

Also since I'm filling a new i864 and in the part one should I select "I am the first sponsor" for my wife, and then just submit a new i864 for joint sponsor where I should select "I am the second of two joint sponsors" for her mom? Since in the previous form that I submitted I selected "I am the only joint sponsor".

[Ayrton 965]

3 minutes ago, LegalAlienn said:

Awesome, thank you.

Also since I'm filling a new i864 and in the part one should I select "I am the first sponsor" for my wife, and then just submit a new i864 for joint sponsor where I should select "I am the second of two joint sponsors" for her mom? Since in the previous form that I submitted I selected "I am the only joint sponsor".

No. You only have one joint sponsor, not two. You don't need a new 864 for her mom, only your wife.

Edited April 18, 2021 by Ayrton

[LegalAlienn 125]

Omg I am so confused with this 

So what do I check for my wife's i864 and what for her mom's? Sorry about that 

[hannysgrammy@gmai 13]

10 minutes ago, LegalAlienn said:

Omg I am so confused with this 

So what do I check for my wife's i864 and what for her mom's? Sorry about that 

Your wife is petitioner 1a. Her mom is the onky joint sponsor 1d

[Ayrton 965]

36 minutes ago, LegalAlienn said:

Omg I am so confused with this 

So what do I check for my wife's i864 and what for her mom's? Sorry about that 

You already sent a 864 for her mom. No need to send a new one unless it was specifically requested again. For your wife you select 1a.

[Nitas_man 3,100]

11 hours ago, LegalAlienn said:

Hi all

I receive an RFE from USCIS on our case. It is asking this to submit:

-Form i-864, Affidavit of Support, was submitted; however, it was not from the petitioning sponsor. Even if a joint sponsor will be used, the petitioning sponsor must submit Form i-864. In order to process your application further, you must: 

    -Submit a completed and signed form i-864, from the petitioning sponsor. 

 

So we have submitted the i864 from my wife's mom as a sponsor. Now my question is if this additional one that they are asking for supposed to be from my wife as she is petitioning sponsor?

Correct, even if you use a joint sponsor your wife still has to submit one as petitioner.

You’re lucky, they often keep your money and deny if something primary like this gets omitted.  Fill it out and send it in ASAP.

Edited April 18, 2021 by Nitas_man