Jump to content
Laurahlover
 Share

26 posts in this topic

Recommended Posts

rebeccajo Grand Master

rebeccajo   14

Posted
Filed: Other Timeline
Posted
Page 2 of the Instructions. Sorry.

Yes - page two of the instructions only state the SPONSOR.

~Liza

What's the question Liza?

What the discussion is about is whether or not the USC spouse completes an I864 if they have no income of their own and have to ask a co-sponsor to complete an I864.

Under Who Completes and Signs Form I864, the first bulleted paragraph clearly states that they must.

Link to comment
Share on other sites
marcycat Contributor

marcycat   0

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: France
 Timeline
Posted
I'm sorry to let you know that the left hand column of page two of the I864 clearly states that your wife must complete the I-864 for you even if she does not earn enough money on her own.

Ok - now you have me absolutely petrified!!!!!!!

I just sent back our RFE yesterday. We received it because I filled out an outdated version of the Affidavit of Support. So I got the most current version from the USCIS website, filled it out and sent it in. NO WHERE on the instructions or the form itself does it say that Simon has to sign it or fill anything out - only me (I'm the USC, and the financial sponsor). I looked at "the left hand column of page two of the I-864" and don't see anything that he must fill it out - ONLY the sponsor. :help:

I'm absolutely petrified that I did something wrong and we will be denied too!!!

What am I not getting here? :crying:

~Liza

Yes, the petitioner (the American spouse) has to file an I-864, regardless. Fill one out and send it in -- they might never notice that it didn't come in together with your sponsor's form....

Link to comment
Share on other sites
lizaanne Enthusiast

lizaanne   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Ok - then I am correct. I was misunderstanding the relationship in the original post. My situation does not apply then because I am the sponsor and I do make more than the required income on my own, and I did fill out the form.

Ok - I apologize for the confusion then. :blush:

This is the form by the way, in case anyone is interested in reading the infamous "page two" Click Me

~Liza

10 Year Green Card Holder Since July 2009 --- Thank you Visa Journey!!! :-)

Link to comment
Share on other sites
Killer_Clown_2009 Proficient

Killer_Clown_2009   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

Liz,

The USC in this case didn't fill out an affidavit, only the joint sponsor did. The intending immigrant doesn't need to complete an affidavit of support - seeing as they are the one being sponsored.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Link to comment
Share on other sites
lizaanne Enthusiast

lizaanne   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted
Liz,

The USC in this case didn't fill out an affidavit, only the joint sponsor did. The intending immigrant doesn't need to complete an affidavit of support - seeing as they are the one being sponsored.

That's where I got confused. And that's what I get for trying to read important stuff, work, and set doctor's appointments at the same time!!! :blink:

~Liza

10 Year Green Card Holder Since July 2009 --- Thank you Visa Journey!!! :-)

Link to comment
Share on other sites
  • 1 month later...
MarkTexas Enthusiast

MarkTexas   3

Posted
Filed: AOS (apr) Timeline
Posted

:o:o:o Hoi Wim,

I just signed in to see how my fellow dutchies were doing in their cases.

But yours scares the ####### out of me! :o:o:o

Like the others have said RE-FILE A.S.A.P,...do NOT leave America for as long as you CAN!

My wife and I pray for you guys to come out of this mess perfectly OK!

Let us know how you get ON with everything.

Is there anything we as "vjers" can do for you guys?,......let us KNOW!

Good luck guys!

Groetjes M&M

wanna see my avatar in fullsize?>>>>

http://www.youtube.com/watch?v=a33JXYbuCEY

Link to comment
Share on other sites
mmilinovich Rookie

mmilinovich   0

Posted
Filed: Country: China
 Timeline
Posted

I wonder if you can stay in the US with a EAD card even if AOS was denied?

02/26/07 - Sent I-130/485/765 package to Chicago Lockbox

03/09/07 - NOA1

03/12/07 - NOA2: Biometrics appointment 03/22/07

03/17/07 - Email: REF

03/22/07 - Letter: REF for I-693/693A

03/31/07 - Case resumed

04/14/07 - Letter: AOS interview on May 23

Link to comment
Share on other sites
Killer_Clown_2009 Proficient

Killer_Clown_2009   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

No- An EAD doesn't give you the right to live in the US.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Link to comment
Share on other sites
mmilinovich Rookie

mmilinovich   0

Posted
Filed: Country: China
 Timeline
Posted

What is the difference between EAD (family based working card with I130/485765) and H1b visa (employment based working card)? You can stay in US with H1b visa, right?

02/26/07 - Sent I-130/485/765 package to Chicago Lockbox

03/09/07 - NOA1

03/12/07 - NOA2: Biometrics appointment 03/22/07

03/17/07 - Email: REF

03/22/07 - Letter: REF for I-693/693A

03/31/07 - Case resumed

04/14/07 - Letter: AOS interview on May 23

Link to comment
Share on other sites
Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

Laurahlover,

The INA requires that the petitioner be the Sponsor for an immigrant. The USCIS asked for the petitioner's affidavit of support and you did not provide it. The USCIS had no choice other than to deny the application.

For immigration the mother-in-law is a Joint Sponsor, not the Sponsor. (This is different from the K-visa application, where the mother-in-law could be the sponsor.)

Yodrak

Wow, if you send back an incomplete RFE they simply deny you?

Yes, I was shocked too!....But obviously they do!!

Edited by Yodrak
Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...