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I recently received a RFE for my step-son's I-485 AOS application.  According to the RFE, it states that the I-864 does not list him as the primary immigrant, even though it did after my wife and I tripled check all the paper work before filing, and also verifying the copy of the affidavit before we submitting it.  RFE states to re-submit a new I-864 with an updated adjust income count, tax papers, etc.  

 

I know what actions to take for the RFE, and understand it completely, but my question is what are the chances of the I-864 being "misplaced" at the USCIS office?  Or someone was simply not paying attention at the office?  It just confuses me why, when we everything was correct on the form(or possibly not...) we received an RFE for it.   Has anyone experienced anything like this?

Edited by edmtn

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2 hours ago, edmtn said:

I recently received a RFE for my step-son's I-485 AOS application.  According to the RFE, it states that the I-864 does not list him as the primary immigrant, even though it did after my wife and I tripled check all the paper work before filing, and also verifying the copy of the affidavit before we submitting it.  RFE states to re-submit a new I-864 with an updated adjust income count, tax papers, etc.  

 

I know what actions to take for the RFE, and understand it completely, but my question is what are the chances of the I-864 being "misplaced" at the USCIS office?  Or someone was simply not paying attention at the office?  It just confuses me why, when we everything was correct on the form(or possibly not...) we received an RFE for it.   Has anyone experienced anything like this?

RFE is frustrating. You just send what they are asking to them again. I am married to a US citizen. We submitted our application and later got RFE. They were asking for current tax return with w2. But my hubby and I made sure we had everything for his tax return and w2 and that of our Cosponsor's who although is retired but makes almost twice as of the minimum annual income of the poverty guidelines. We had a lawyer who checked and said everything was okay. But USCIS still requested for the most current tax return. Lucky my hubby was able to file for 2018 and he made more than the minimum income required. We resend a new affidavit of Support and uscis has received it. 

 

So in short, just send them what they are asking for even if you believe you've send it to them. 

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21 minutes ago, Storm Waters said:

RFE is frustrating. You just send what they are asking to them again. I am married to a US citizen. We submitted our application and later got RFE. They were asking for current tax return with w2. But my hubby and I made sure we had everything for his tax return and w2 and that of our Cosponsor's who although is retired but makes almost twice as of the minimum annual income of the poverty guidelines. We had a lawyer who checked and said everything was okay. But USCIS still requested for the most current tax return. Lucky my hubby was able to file for 2018 and he made more than the minimum income required. We resend a new affidavit of Support and uscis has received it. 

 

So in short, just send them what they are asking for even if you believe you've send it to them. 

I HIGHLY agree with you!  I was starting to wonder if USCIS just wants to see my recent taxes, which now include my wife on there, since I filed jointly.  The other thing was if the I-864 for my wife's AOS package only lists my taxes for 2017, 2016 and 2015, the new I-864 for my step-son won't match, because it will say tax years for 2018, 2017 and 2016.  I hope that won't be an issue.  

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