Filing joint sponsor I-864 after initial AOS package sent?

[LilyKins 121]

Hi guys!

I want to begin by thanking you all for all of your help and support -- this is such a fantastically resourceful community!

After the huge visa scare we had a few weeks ago (you can check my post history re: OPT rejected prior to being processed and having my legal status in question -- for anyone who is curious, my DSO confirmed with the in-house counsel that I am here legally, and I have resubmitted my OPT application), my boyfriend and I realized how precarious immigration can be. We've been together almost 3 years now and have decided to get married (tying the knot next week!!). 

Currently, I'm filling out and assembling the AOS package and required supporting evidence -- The I-130, I-130A, I-485, I-864, I-131 and I-765. 

To my question: my fiancé (a USC) and I know his income is under the poverty line and so we will be using his parents (also USCs) as joint sponsors. His father will fill out a second I-864 and his mother an I-864A (as they live under the same roof -- in this case, is his mother the second of two joint sponsors, or is his father the sole joint sponsor?). His parents file joint taxes, and we'll provide IRS transcripts of the 2018 filing with each application, even though it's the same return. Just to be clear about this, if we file IRS tax return transcripts, we should be okay, correct? I've read conflicting information about people receiving RFEs after submitting tax return transcripts and we really want to get this right the first time.

Can we submit the I-130, I-130A, I-485, I-864, I-131, and I-765 together with the initial filing with the fees, and then submit his parents' I-864/I-864A and supporting evidence a few weeks later? The reason for this is that his parents have not yet filed their 2018 return (due to some kind of a delay due to a document related to a jointly owned property with extended family). They will be filing ASAP so they can support our immigration journey.

Thank you all! ☺️

 

[Liam2021 551]

49 minutes ago, LilyKins said:

my fiancé (a USC)

fiancé ?

For your question, you better submit everything together. If you not submit I-864/I-864A and send it in later, there will be a chance for RFE about it.

[LilyKins 121]

Just now, H&T said:

fiancé ?

For your question, you better submit everything together. If you not submit I-864/I-864A and send it in later, there will be a chance for RFE about it.

Yes -- thats what one calls their intended groom, no? 😋

 

Thank you for your answer!! 

[Nat&Amy 623]

If you submit your application without the i864, you risk your application being denied. They might send you a RFE, sure, but they don't have to. In fact, not long ago they began enforcing more drastic measures to discourage "placeholder" applications (aka incomplete applications people submit to guarantee their place in the line for analysis). Because the affidavit of support is one of the main components in the AoS, I would not personally take the risk. Either wait to have all the documents you need, or submit the i864 with as much evidence as you can and add the tax transcript later. Not sending the i864 at all with your initial application looks like the worst option here.

[Just Paul 4,591]

If, for some reason, they accepted the filing, they would not even begin processing the EAD/AP components.

 

You are pretty much putting your presence at risk.  Not a good thing to do.