Mistake on Application - HELP

[Unity4Life 1]

I can't believe I overlooked such an obvious question on the application omg

I was just going over the application I-129F I helped my cousin in NY fill out for his fiancé in Afghanistan.

In the G325-A it asks 5 yrs employment history. For the beneficiary we put "Student" as she does not work.

However, for the Petitioner we left it blank.

What now? Wow, this is stressful. I remember I told him to leave it blank until he gets all his employment record of addresses and dates. After the application was completed I forgot to go back and fill in the area and we sent the application. Currently we are awaiting the decision on our RFE (they needed petitioners passport photos) we sent back.

Is this serious? He has all his tax returns up to date and co-sponsor's required forms as well. What should we do?

PLEASE ADVISE

[Darnell 8,479]

I say file a new , complete, I-129F with new fees, this week.

[Unity4Life 1]

Are serious Darnell?

I just got off the phone with a paralegal friend that works in an immigration office. She said since the petitioner is using a co-sponsor so only the co-sponsor's income tax returns are reauired. She said if the petitioner was not using a co-sponsor then he would have to show proof of income, employment, and tax returns. And that he only needs to fill out the affidavit of support.

The petitoner filed less than $3,500 for the past 3 yrs (full-time year-round student).

Darnell can you confirm if he is using a co-sponsor then his tax returns are not required?

[Darnell 8,479]

this friend has issues at USCIS.

The I-134 is evaluated by the Department of State, Immigrant Visa Unit, on interview day.

Not the same offices, not the same rules, not even the same documents.

So, so far, this 'immigration specialist' is not addressing the things that were wrong with the I-129F and the I-129F submittal into USCIS.

[Unity4Life 1]

On the RRE the only thing requested that was missing was passport size photos. Would they not have mentioned that the employment history field was left out thus cannot process u til it is corrected?

[Darnell 8,479]

ya, usually, an RFE is comprehensive.

[Unity4Life 1]

Your feedback is always appreciated Darnel.

So if we get the NOA2 approved then we're okay right?

And does petitioner still need to show tax returns even though co-sponsor's tax returns are being submitted?

[Darnell 8,479]

uhm. a petitioner is a petitioner, and as such, must show all as the primary sponser, for the I-134, affadavit of support.

[Unity4Life 1]

uhm. a petitioner is a petitioner, and as such, must show all as the primary sponser, for the I-134, affadavit of support.

I agree. But if they want to verify income to make sure the beneficiary does not become become dependant on public assistance then wouldn't it make sense to be only concerned about the co-sponsor's tax returns?

If a co-sponsor is being used and is submitting his/ her tax returns, can you provide a link showing the petitioner's tax returns are required as well?

[Darnell 8,479]

sorry - the petitioner is the primary sponsor and has a list of docs that are required.

for which docs - it varies by US Embassy/IV Unit - but in general - must to show:

1. one year of prior year (2012 at the moment) and

2. a letter from employer showing current annual income (2013 at the moment)

3. optional - pay stubs in 2013.

even if all of 'that' proves up that the Petitioner falls short of the mark listed in I-864P .

The I-134 is not optional for the petitioner, even if zero income.

Edited September 19, 2013 by Darnell

[Unity4Life 1]

And how about if the petitioner wasn't working

[Canerican 242]

And how about if the petitioner wasn't working

sorry - the petitioner is the primary sponsor and has a list of docs that are required.

for which docs - it varies by US Embassy/IV Unit - but in general - must to show:

1. one year of prior year (2012 at the moment) and

2. a letter from employer showing current annual income (2013 at the moment)

3. optional - pay stubs in 2013.

even if all of 'that' proves up that the Petitioner falls short of the mark listed in I-864P .

The I-134 is not optional for the petitioner, even if zero income.

Even if your fiance(e) did not make anything you would still have to present an I-134 on behalf of him at the Consulate when you go for the interview.

Hope this helps and blessings on the rest of your journey.

[h_m 12]

FYI a second RFE is possible - it is not unheard of for USCIS to send more than one RFE.

[Unity4Life 1]

For what it's worth, NOA2 was confirmed via online status check.

The I-134 is required as I agreed earlier by the petitioner for sure. I just wasn't too sure if the petitioner needs their tax returns if they are going to use a cosponsor with the cosponsors text returns