I-864 RFE - citizenship

[DanNJ02 19]

Hello,

 

I, the sponsor, received an RFE for the I864 affadavit of support, for proof of citizenship. Proof can be valid passport or birth certificate. I currently don't have a valid passport as it just expired.

 

I realize that I submitted the I864 and didn't include the Jr on the form. However my birth certificate includes a Jr. Is this a problem?

 

I tried calling Uscis but when I ask for a representative they hang up on me. The form says that we will only get one opportunity to submit evidence.

[JeanneAdil 6,505]

First of all I 864 is for spouse and profile and your timeline says K1 fiancee visa petition so I 134 would be needed at embassy interview

 

submit copy of birth certificate as indicated 

should have given all names used on the petition

Edited April 6, 2022 by JeanneAdil

[DanNJ02 19]

7 minutes ago, JeanneAdil said:

First of all I 864 is for spouse and profile and your timeline says K1 fiancee visa petition so I 134 would be needed at embassy interview

 

submit copy of birth certificate as indicated 

should have given all names used on the petition

Thanks for the reminder,  I just updated my profile. We got married and are going through aos now.

 

Is there any risk they will reject my birth certificate as evidence of citizenship because my birth certificate has Jr but the I 864 does not?

[Rocio0010 5,579]

39 minutes ago, DanNJ02 said:

Thanks for the reminder,  I just updated my profile. We got married and are going through aos now.

 

Is there any risk they will reject my birth certificate as evidence of citizenship because my birth certificate has Jr but the I 864 does not?

I would not think so, but if it makes you feel better you can attach a simple note to your RFE response explaining what you just stated here. You have to try!

[Ontarkie 14,222]

~~MOved to AOS FAmily K1/K3 P&P, from K1 P&P - as the OP is responding to and AOS RFE.~~

[Mike E 11,739]

1 hour ago, DanNJ02 said:

Hello,

 

I, the sponsor, received an RFE for the I864 affadavit of support, for proof of citizenship. Proof can be valid passport or birth certificate. I currently don't have a valid passport as it just expired.

 

I realize that I submitted the I864 and didn't include the Jr on the form. However my birth certificate includes a Jr. Is this a problem?

 

I tried calling Uscis but when I ask for a representative they hang up on me. The form says that we will only get one opportunity to submit evidence.

What name was used on:

 

1. I-129F

2. DS-160

3. The K-1 visa

4. I-485

5. I-864

?

 

IOW which of these have “jr” and which don’t?

What evidence of USA citizenship was used on I-129F?

 

Edited April 6, 2022 by Mike E

[DanNJ02 19]

14 minutes ago, Mike E said:

What name was used on:

 

1. I-129F

2. DS-160

3. The K-1 visa

4. I-485

5. I-864

?

 

IOW which of these have “jr” and which don’t?

What evidence of USA citizenship was used on I-129F?

 

For the i129f and ds160 Jr was used. The visa just shows my name without Jr. The i485 and i864 don't have Jr.

 

For the i129f I used the same long form birth certificate, as well as my passport (which is now expired).

Edited April 6, 2022 by DanNJ02

[Mike E 11,739]

Just now, DanNJ02 said:

For the i129f and ds160 Jr was used. The visa just shows my name without Jr. The i485 and i864 don't have Jr.

The name on the I-485 and I-864 should have matched what was used on the I-129F which in turn did match that of the birth certificate.  
 

I would submit a new I-864 with correct  name, and a note stating the error.  Along with the birth certificate.  
 

Meanwhile you should get your passport renewed 

[DanNJ02 19]

35 minutes ago, Mike E said:

The name on the I-485 and I-864 should have matched what was used on the I-129F which in turn did match that of the birth certificate.  
 

I would submit a new I-864 with correct  name, and a note stating the error.  Along with the birth certificate.  
 

Meanwhile you should get your passport renewed 

Are you suggesting I include another i-864 in my RFE response,  or that I start from scratch and submit all documents?

 

What would happen if I submit my birth certificate as the only RFE evidence and they reject it? Could I just refile the i-864 again? Or would I have to submit all documents (AOS etc) again?

[Family 3,988]

7 hours ago, DanNJ02 said:

Are you suggesting I include another i-864 in my RFE response,  or that I start from scratch and submit all documents?

 

What would happen if I submit my birth certificate as the only RFE evidence and they reject it? Could I just refile the i-864 again? Or would I have to submit all documents (AOS etc) again?

Just send in your birth certificate for RFE . There IS absolutely no issue with the JR. and you do not need to redo I-864 . 

[Mike E 11,739]

8 hours ago, DanNJ02 said:

Are you suggesting I include another i-864 in my RFE response,  or that I start from scratch and submit all documents?

New I-864 only.  

8 hours ago, DanNJ02 said:

 

What would happen if I submit my birth certificate as the only RFE evidence and they reject it? Could I just refile the i-864 again? Or would I have to submit all documents (AOS etc) again?

You would have to re-file I-485 and pay the fee again.  I’ve seen it before.