I-485 RFE requesting proof of citizenship for joint sponsor and I-865 from petitioner

[aureliano 3]

When we submitted AOS for K1, I (petitioner) was a recently graduated student with no income. Our only I-865 was from my mom.

Today we received an RFE requesting two things:

1. proof of citizenship for my mom to go along with her I-865

2. an I-865 from the petitioner (me), because "Even if a joint sponsor will be used, the petitioning sponsor MUST submit Form I-864"

Wanted to make this post to maybe help someone else avoid this mistake.

 

I also would like to confirm that we only need to follow the instructions of uploading 1. copy of RFE, 2. birth certificate for my mom and 3. I-864 for me with all relevant documents (eg, tax returns, pay stubs, etc). We don't need to re-upload everything we originally submitted, only the requested documents in the RFE?

Edited September 23 by aureliano

[Boiler 45,735]

I 134?

[aureliano 3]

Sorry, I would like to correct that this RFE is regarding I-864 (not I-865)

 

Our I-134 was accepted, we received the K1 visa, arrived to the US and are now married.

[Dashinka 24,639]

1 hour ago, aureliano said:

When we submitted AOS for K1, I (petitioner) was a recently graduated student with no income. Our only I-865 was from my mom.

Today we received an RFE requesting two things:

1. proof of citizenship for my mom to go along with her I-865

2. an I-865 from the petitioner (me), because "Even if a joint sponsor will be used, the petitioning sponsor MUST submit Form I-864"

Wanted to make this post to maybe help someone else avoid this mistake.

 

I also would like to confirm that we only need to follow the instructions of uploading 1. copy of RFE, 2. birth certificate for my mom and 3. I-864 for me with all relevant documents (eg, tax returns, pay stubs, etc). We don't need to re-upload everything we originally submitted, only the requested documents in the RFE?

Yes, the petitioner must always file their own I864 even if using a joint sponsor.  Also, anyone providing an I864 has to show they are living legally in the U.S. as a USC or an LPR.

 

Good Luck!