RFE for AOS.

[linacakes 0]

Hello everyone.

Today we received a request for initial evidence on the form i 485 about the i864 and i was confused with some things so i hope i can get some answers.

Basically my wife who's the petitioner doesn't have a job since she's doing school since a few years now so we submitted a joint sponsor, however in the RFE we got told that the petitioner needs to file one aswell.

I Qoute:

Form I-864, Affidavit of Support was submitted; however, it was not from the petitioner/sponsor. Submit a completed and signed form i-864 for the petitioner/sponsor listed on form i-130 or form 1-29F. Even if a joint sponsor will be used the petitioner/sponsor must submit Form i-864.

and also:

Provide copies of the petitioners/sponsor's most recent federal income tax returns and all supporting tax documents (W-2, 1099, Form 2555 and tax schedules).

So if i got it right my wife needs it file i864 too even tho she doesnt have any income? and what about taxes, are they required for her to submit even though she doesn't have a job?

Does our joint sponsor need to file another i864 as support evidence for a steady income? Since the RFE didnt ask for that maybe they had no issue with the previous tax records and the i864 form of our joint sponsor so all they need is the one from my wife?

Thank you very much for any help.

[yuna628 9,680]

27 minutes ago, linacakes said:

Hello everyone.

Today we received a request for initial evidence on the form i 485 about the i864 and i was confused with some things so i hope i can get some answers.

Basically my wife who's the petitioner doesn't have a job since she's doing school since a few years now so we submitted a joint sponsor, however in the RFE we got told that the petitioner needs to file one aswell.

I Qoute:

Form I-864, Affidavit of Support was submitted; however, it was not from the petitioner/sponsor. Submit a completed and signed form i-864 for the petitioner/sponsor listed on form i-130 or form 1-29F. Even if a joint sponsor will be used the petitioner/sponsor must submit Form i-864.

and also:

Provide copies of the petitioners/sponsor's most recent federal income tax returns and all supporting tax documents (W-2, 1099, Form 2555 and tax schedules).

So if i got it right my wife needs it file i864 too even tho she doesnt have any income? and what about taxes, are they required for her to submit even though she doesn't have a job?

Does our joint sponsor need to file another i864 as support evidence for a steady income? Since the RFE didnt ask for that maybe they had no issue with the previous tax records and the i864 form of our joint sponsor so all they need is the one from my wife?

Thank you very much for any help.

Even if your wife/petitioner/sponsor does not make any money she must file her own I-864 along with the joint sponsor's I-864. She is the primary sponsor. She'll fill out the I-864 for $0 if she makes nothing, and then enclose a signed statement from her explaining her situation and that since she does not make any money and is a student she is not required to file income taxes, and naming the joint sponsor. We used a joint sponsor and this was accepted with no issues.