Need Advice on RFE please.

[scur 0]

Hi guys i just recieved a RFE i dont know what documents i should send back for I-864. My wife's aunt is the first sponser and she only filed the I-864 form not my wife and all the W2's and stuffs were from my wife's aunt. This is what its written in the letter.

(02) Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponser.

In order to process your application further, submit a completed and signed Form I-864 for the petitioner/sponser listed on Form I-130 or Form I-1-29

(25) In order to process your application further, the joint sponsor on form I-864, Affidavit of support, must submit all supporting tax documentation ( W-2s,1099s,etc) submitted to the internal Revenue Service (IRS) for the most recent tax year.

Are they asking me to submitt a form to show that her aunt is sponsoring my wife (because she sponsored me) or do we just need to show her her w2 forms to show that she can support herself? Her W2 form from 2006 shows less cause she barely worked, but she has a good job now but we will have to wait for the W2 of 2007 to prove that.

thanks for help. we will appreciate any feedback!!

[stinger157 0]

Hi guys i just recieved a RFE i dont know what documents i should send back for I-864. My wife's aunt is the first sponser and she only filed the I-864 form not my wife and all the W2's and stuffs were from my wife's aunt. This is what its written in the letter.

(02) Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponser.

In order to process your application further, submit a completed and signed Form I-864 for the petitioner/sponser listed on Form I-130 or Form I-1-29

(25) In order to process your application further, the joint sponsor on form I-864, Affidavit of support, must submit all supporting tax documentation ( W-2s,1099s,etc) submitted to the internal Revenue Service (IRS) for the most recent tax year.

Are they asking me to submitt a form to show that her aunt is sponsoring my wife (because she sponsored me) or do we just need to show her her w2 forms to show that she can support herself? Her W2 form from 2006 shows less cause she barely worked, but she has a good job now but we will have to wait for the W2 of 2007 to prove that.

thanks for help. we will appreciate any feedback!!

Your wife is the main sponsor. Her aunt is the co-sponsor. Your wife needs to send in all requested documents. Check also if her aunt forgot to send the one or other thing.

Your wife is the petitioner, that makes her the main sponsor. Her aunt is helping to reach the income requirements.

[Nina+Matt 0]

the petitioner of the I-129F is always the first sponsor!! thats your wife right? so she has to submit a I-864! if she doesnt meet the requirements you need a co-sponsor,so that would be her aunt!

what id recommend let your wife fill out a I-864 (dont forget the required supporting docs) and let her aunt fill out a new I-864 also!

maybe i am wrong but thats how i understand it! others can correct me if im wrong!

[scur 0]

So what exactly do i need to send do i have to send all her aunts w2's etc ,applications and the files all over again or just my wife's I-864 and W2's etc

thanks for the reply

[CB82 1]

I would send it all again, that way everything is together. You never know if USCIS might misplace something between sending you the RFE and when you send the evidence back. I personally think you should send it all in together. When i got my RFE for proof of this years income for my sponsor, i send everything back in.

Edited November 14, 2007 by CB82

[stinger157 0]

So what exactly do i need to send do i have to send all her aunts w2's etc ,applications and the files all over again or just my wife's I-864 and W2's etc

thanks for the reply

Send that what they are asking for.

The letter is very specific about that.

[Nina+Matt 0]

id say both, your aunt and your wife, should fill out the I-864, even though you already submitted one for your wifes aunt!

make sure you have the w2's, 1099's and the tax returns for the last three years for both of them. dont forget any further proof of income such as letter of emplpyment, most recent pay stubs and also for other money sources you put on the affidavit (lets say you mention the balacen of a checking account, submit a copy of the balance).

[scur 0]

I dont have copies of aunts W'2 and 1099 and all other supporting documents and she is out of country rite now and she wont be coming back for next 1 month and she lives in california and im here in nyc so i cant get hold of it. so my question is if i just send the form of my wife and supporting documents and ask my wife's aunt to sign and mail just the form back to me, do you think its gonna work cause USCIS already has her aunts W2's and other supporting documents.

[Nina+Matt 0]

i dont know about that! maybe its going to be alright just to send in your wifes affidavit!

did you submit your wifes aunts original w2's? why didnt you just send in copies? oh well, i guess thats too late now! your wifes aunt can call the irs hotline and request new w2's and tax returns, it dosnt cost anything!

other than that i really dont know whats the best thing to do!

[CB82 1]

Most people make copies of everything they've mailed in to USCIS. That way if they ever got asked to send in information that they already had done, they could just copy it out of their package.

Since the aunt is out of the country, it's up to you if you want to just send in your wife's I-864, and hope that it can just be added to the rest of your package. Theres probably been others who have done that and been successful. Or you could wait til the aunt gets back and have her resend everything to you (and make copies) and then send everything in. I think you have 87 days to get the requested evidence in to USCIS. However the faster you send the evidence back to USCIS the sooner they'll continue processing your application.

Edited November 14, 2007 by CB82

[scur 0]

Thanx for the replies really appreciate it. Im confused if i should wait for aunt to come back or just send in my wife's I-864 and supporting documents and also my aunts I-864 form without W2's and other supporting documents

[scur 0]

If anyone had a similiar RFE can advice me on this thank you.