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Alenushka_21

affidavit of support for i-130

By Alenushka_21 in Adjustment of Status from Work, Student, & Tourist Visas

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Alenushka_21 Rookie

Alenushka_21   0

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Filed: Other Country: Latvia
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guys, i have a question - is it possible to file affidavit of support (form i-864) separately from the rest of the i-130 and i-485 package?

i have everything ready except for sponsor, because my husband-citizen lost his job and i REALLY can't afford to wait because of the filing fee increase-since now i am the only one working...

payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
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Posted

guys, i have a question - is it possible to file affidavit of support (form i-864) separately from the rest of the i-130 and i-485 package?

i have everything ready except for sponsor, because my husband-citizen lost his job and i REALLY can't afford to wait because of the filing fee increase-since now i am the only one working...

No, the I-864 is a required document for the I-485, and they have returned the entire submission because this was missing

YMMV

Alenushka_21 Rookie

Alenushka_21   0

Posted
Filed: Other Country: Latvia
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awwww, that's sooo bad....

do you think if i try to mail out first everything i have, and then in couple days mail out I-864, it might work out? have you heard about instances like that? i even started thinking about sending the whole package by regular mail-not overnight- and express deliver I-864 instead?

p.s. thank you so much for any help))

Kittyfang Proficient

Kittyfang   6

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Filed: Country: Canada
 Timeline
Posted (edited)

The issue is that the I-864 (affidavit of support) is not "a form on it's own". It's a form required by the I-485.

Firstly, when you mail your AoS package, they will do an initial check to make sure everything is there; signatures, correct amount of money on the checks, etc. Most likely, they would return a package if one of the required form was missing (such as the I-864).

Secondly, it's never advisable to send forms separately. There are a lot of horror stories on VJ about people who sent in something they forgot to add and USCIS never received it.

Thirdly, today is November 22nd, there is absolutely no way you can get your petition there in time. Remember, it's not when they receive it that matters, it's when they accept it.

The silver lining is that you have a little more time to find a co-sponsor now. I wish you good luck. :)

Edited by Kittyfang

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

katgrl Enthusiast

katgrl   14

Posted
Filed: AOS (apr) Country: Algeria
 Timeline
Posted

The issue is that the I-864 (affidavit of support) is not "a form on it's own". It's a form required by the I-485.

Firstly, when you mail your AoS package, they will do an initial check to make sure everything is there; signatures, correct amount of money on the checks, etc. Most likely, they would return a package if one of the required form was missing (such as the I-864).

Secondly, it's never advisable to send forms separately. There are a lot of horror stories on VJ about people who sent in something they forgot to add and USCIS never received it.

Thirdly, today is November 22nd, there is absolutely no way you can get your petition there in time. Remember, it's not when they receive it that matters, it's when they accept it.

The silver lining is that you have a little more time to find a co-sponsor now. I wish you good luck. :)

From what I understood on the USCIS website, as long as it is postmarked before Nov. 23 (when fees increase) it will be ok to send with old fees. However, if the application is rejected due to missing signatures or forms, then they will require the new fees. But if there is an RFE, then the old fees should still apply. But in the OP situation, I would imagine they would reject as you suggested right away since the form I-864 is missing.

02/21/99 Hubby entered with F1 student visa D/S

May 2002 He stopped attending school because he couldn't afford it any longer.

03?/2002 USC sibling I-130 petition

02/2009 Met hubby

08/2009 Sibling petition approved but ineligible to adjust status due to overstay

07/10 Married :)

11/22/10 [day 0]- mailed AOS packet!! should be there by noon 11/23/2010

12/3/10 [day 11]- received email/text notification of acceptance from USCIS

12/3/10 hubby surprised me with a trip to Los Angeles for my birthday...no problems :)

12/6/10 [day 14]- received hard copy NOA1 in mail

12/7/10 [day 15]- checks cashed...ouch

12/15/10 [day 23]- rec'd biometrics appt set for Dec. 28th at 10 am! :)

12/28/10 [day 36]- successful biometrics appt

01/27/11 [day 66]- rec'd interview appt set for March 10th at 10 am :)

02/25/11 [day 95]- rec'd EAD

03/10/11 [day 109]- Interview, Green card approved!! :)

Next Step: Removing conditions in 2 years.

Kittyfang Proficient

Kittyfang   6

Posted
Filed: Country: Canada
 Timeline
Posted

From what I understood on the USCIS website, as long as it is postmarked before Nov. 23 (when fees increase) it will be ok to send with old fees. However, if the application is rejected due to missing signatures or forms, then they will require the new fees. But if there is an RFE, then the old fees should still apply. But in the OP situation, I would imagine they would reject as you suggested right away since the form I-864 is missing.

You may be right about the fees. I rushed mine out so I wouldn't have to pay the new fees hehe.

Adjustment of Status

11/03/10 ------- AoS (I-130/I-485) Package mailed out (Priority Mail)

11/07/10 ------- AoS Package received and singed for

11/10/10 ------- NOA1 received for I-130, I-485 and I-765 (emails)

11/12/10 ------- NOA1 received for I-130, I-485 and I-765 (hard copies)

11/12/10 ------- Touches on I-130, I-485 and I-765

11/19/10 ------- Biometrics appointment letter received

12/06/10 ------- RFE for I-693 (I think the issue is that it was not signed. Called USCIS and will receive a letter in a few days explaining)

12/13/10 ------- Biometrics done

12/16/10 ------- EAD card in production (email)

12/20/10 ------- Received "Letter of Explanation" for RFE (Service Request to expedite my case. Called USCIS and was told to ignore that and just send in response to RFE.)

12/22/10 ------- Touch (Email for Post Decision Activity on EAD saying that a letter of approval has been mailed out)

12/24/10 ------- Received EAD in the mail

12/27/10 ------- Applied for SSN

12/31/10 ------- Received Interview letter

01/03/11 ------- Received SSN card in the mail

01/07/11 ------- Mailed out response to RFE (I-693)

01/15/11 ------- Email confirming USCIS received RFE response

01/31/11 ------- Approved!

Pre-Adjustment of Status:

2006 -------- Met Online

02/07 ------- Visited him in the U.S. for what was suppose to be a few weeks (Came in with birth certificate and health card. Health card expired a few months after)

08/07 ------- Decided to get married because we didn't want to be apart (in the U.S.)

10/10 ------- USCIS Medical Done

 
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