Hi everyone.🫠
I am asking my friend (BENEFICIARY) her and her son arrived in the US on a K-1/K-2 visa. She got married right away and filed for AOS. She got her travel EAD and AP.
She received an RFE which she responded to and submitted the documents. However, the denial letter I attached states
"After reviewing the evidence, USCIS has concluded that you are not eligible to adjust status because you failed to submit:• A properly completed and signed Form I-864, Affidavit of Support, from a qualifying joint sponsor with all pages present and of the latest edition date, a copy of the joint sponsor's Federal income tax return for the most recent tax year with all supporting tax documents, and proof of the joint sponsor's status as a United States citizen, United States national, or Lawful Permanent Resident. You have not established that you are eligible for adjustment under INA 245. Therefore, USCIS must deny your Form 1-485. See 8 CFR, sections 103.2(b)(11) and (12).
Her spouse (SPONSOR) only makes the required household income for 2 people. Therefore, she needed a joint sponsor for her son. I signed the requested forms and gave her all the supporting documents. Her question is, when I filled out the affidavit of support as the joint sponsor, I only included her son and not her as her spouse "qualified" to sponsor her. Should I have included both her and her son in the form?
She doesn't know exactly how to proceed. Should she file the motion or reconsider or what?
She made an appointment to meet with an immigration lawyer as well.
Any advice will be greatly appreciated.
Thank you all!