RFE for I-864 for K2visa

[YAS5 1]

If anyone knows, please let me know!
I and my daughter entered the country on a K1 and K2 visa and applied for AOS, but only my daughter's (K2) I-864 received an RFE. I was unsure whether to send a copy of my I-864, but I created and submitted the original for my daughter, and then it resulted in an RFE. I believe there were no errors in the documents, but I am unsure why it resulted in an RFE. I regret not following USCIS instructions and sending my copy instead.
Should I send a copy of mine this time when submitting the RFE? My husband has applied for an extension of his 2024 tax return Form 1040. When I submitted the initial AOS application, I submitted a copy of the extension approval letter, but this time I want to be cautious, so I asked my husband to submit the 2024 Form 1040 immediately. In that case, I will need to update the I-864 (K1) I submitted previously. Will there be any issues if I submit it?

　
I plan to submit the following documents　(Content of the cover letter for Form I-864)

 

1.  Copy of RFE  

2.  Form I-864 Affidavit of Support, Under Section 213 of the INA

*The USCIS website “I-864, Affidavit of Support Under Section 213A of the INA” states that if I am sponsoring multiple immigrants, I can submit a copy of the original affidavit of support as an additional I-864 for the immigrant applicant listed on the affidavit. Therefore, I will submit a copy of  I-864 for my wife  (K1 holder)  as an I-864 for my wife's daughter  (K2 holder).

 

3.     Copies of Application for Automatic Extension of Time to File U.S. Individual Income Tax Return (2024)

4.     Copies of Federal Income Tax Return Form 1040 (most recent 3 years- 2023, 2022. 2021) + 2024 

5.     Copies of W2’s (most recent 3 years- 2023, 2022. 2021)

6.     His company's compensation Cycle Annual Statement

7.     Copy of Bank Statement: present balance

8.     Copy of Stock Statement: present balance

9.     Proof of Sponsor’s US Citizenship – Copy of passport Biographic Page

10.  Proof of Sponsor’s US Citizenship – Copy of Birth Certificate

11.  Copy of Applicant’s Passport (K2) *Just in case 

12.  Copy of Applicant’s Birth Certificate from Japan (K2)*Just in case

13.  Copy of Applicant’s K2 Visa Passport Page with Stamp of admission issued by a U.S. immigration officer (K2)*Just in case

 

 

[smilingstone 667]

What exactly did the RFE ask for? I am struggling to see this info in your post. 

[MalloryCat 774]

can you post the RFE letter you received with all the personal information redacted?

this would make it easier to help

 

[YAS5 1]

Thank you very much for commenting on my post!! 🙇‍♀️🙇‍♀️🙇‍♀️
I am attaching the RFE letter.
My husband's income is sufficient to support my daughter and me.

My daughter is now 20 years old and has Down syndrome, so I would like to obtain a green card for us before she turns 21. So, I am a little anxious about this.

[MalloryCat 774]

so from my understanding

you only submitted one I-864 for both yourself and your child?

 

you would have needed your husband to complete 2 I-864s for both yourself and your child

 

 

**in short, yes you can use the same I-864 (with a new signature) and evidence for your daughter

Edited Tuesday at 01:56 PM by MalloryCat

[Ontarkie 14,972]

~~Moved to AOS from K1 K3 P&P, from K1 Process and Procedures - the OP is at the AOS stage.~~

[Ontarkie 14,972]

Don't worry about your daughter's age. She has to enter the country before 21 not have her green card before 21. 

[YAS5 1]

 Thank you so much for your comment!

I submitted her I-485 with an I-864 attached that I created with her name as the principal immigrant. The USCIS website said to submit a copy of my I-864 as K2's I-864, but I read comments on YouTube and Visa Journey saying that K2 should create their own I-864, so I submit it.
This time, it seems okay to submit my copy (with my husband’s new signature). I’m relieved that the members here agreed with me.  Thank you very much!
In that case, is it okay to update the “my current individual annual income” section in Part 6 of my already submitted I-864 to reflect my husband's income for 2024?  (The I-864 I filed for my I-485 listed his income for 2023)
Also, when USCIS notified me about receiving the I-485, they gave me my online account. Should I update that as well?

 

While my daughter and I waited a year for our fiance's visa to be issued in Japan, he stayed in Japan to visit us for eight months, so he applied for an extension until October for his 2024 tax return, which was due in April of this year. (In his case, he had to send it by mail due to an incomplete date of birth on his SSN.)
He's been busy since we returned here (he's the type to put things off😅), so he hasn't been able to do it.  Yesterday I asked him to apply for his 2024 tax return for the RFE.

[YAS5 1]

25 minutes ago, Ontarkie said:

Don't worry about your daughter's age. She has to enter the country before 21 not have her green card before 21. 

Thank you very much! I'm relieved to hear that!
I'm worried because there have been a lot of changes to USCIS rules recently...

 

[YAS5 1]

1 hour ago, MalloryCat said:

so from my understanding

you only submitted one I-864 for both yourself and your child?

 

you would have needed your husband to complete 2 I-864s for both yourself and your child

 

 

**in short, yes you can use the same I-864 (with a new signature) and evidence for your daughter

Thank you so much for your comment!

I submitted her I-485 with an I-864 attached that I created with her name as the principal immigrant. The USCIS website said to submit a copy of my I-864 as K2's I-864, but I read comments on YouTube and Visa Journey saying that K2 should create their own I-864, so I submit it.
This time, it seems okay to submit my copy (with my husband’s new signature). I’m relieved that the members here agreed with me.  Thank you very much!
In that case, is it okay to update the “my current individual annual income” section in Part 6 of my already submitted I-864 to reflect my husband's income for 2024?  (The I-864 I filed for my I-485 listed his income for 2023)
Also, when USCIS notified me about receiving the I-485, they gave me my online account. Should I update that as well?

 

While my daughter and I waited a year for our fiance's visa to be issued in Japan, he stayed in Japan to visit us for eight months, so he applied for an extension until October for his 2024 tax return, which was due in April of this year. (In his case, he had to send it by mail due to an incomplete date of birth on his SSN.)
He's been busy since we returned here (he's the type to put things off😅), so he hasn't been able to do it.  Yesterday I asked him to apply for his 2024 tax return for the RFE.

[MalloryCat 774]

in this case you are the principle immigrant, since you are the K1 beneficiary 

your daughter would have been listed as an additional family member

so as long as the I-864 that you submitted with your I-485 has Family Member 1 filled in with your daughters information, that should be fine

 

Edited Tuesday at 03:48 PM by MalloryCat

[YAS5 1]

3 hours ago, MalloryCat said:

in this case you are the principle immigrant, since you are the K1 beneficiary 

your daughter would have been listed as an additional family member

so as long as the I-864 that you submitted with your I-485 has Family Member 1 filled in with your daughters information, that should be fine

 

 

Your explanation is very convincing. Thank you very much!!
I will submit the I-864 form that I have already submitted (my daughter is already listed as a family member) with the changes (my husband's 2024 tax return and the online number I received from USCIS this time) as my daughter's RFE to USCIS.
In another post in visajourney, someone mentioned attaching a detailed letter explaining the situation to USCIS, so I will do the same. Thank you for your thoughtful response! Arigatou!! (thank you in Japanese😉)