dvanwade

Hi guys,

We have just received our first RFE on the I-864. My wife's Dad is my sponsor but they requested my wife fill out an I-864 as well. The problem lies in which box to choose in part 1.

Is my wife the joint sponsor (box E, 3rd across- second of two sponsors) or the petitioner (box a). These forms seem to contradict themselves all the way through!!

Thanks guys,

Daniel

Noorah101

Your wife's dad is a joint sponsor (not the sponsor). Your wife is the sponsor, even if she doesn't meet the income requirements. Your wife needs to do an I-864 since she is your sponsor. Her dad also does an I-864 as the joint sponsor.

Your wife is the petitioner (remember, she did an I-130 petition for you).

Rene

dvanwade

Thanks so much Noorah!

As my wife's Dad has already sent in an I-864 saying he is the main sponsor, will we be required to do another one for him saying he is just a joint sponsor?

I can't wait for this to all be done with.

Thanks

Daniel

ian-mstm

He should do another one, but don't send it with the RFE. Why? Because they're not asking for it. Just send your wife's I-864 with the RFE. Take your FIL's updated I-864 with you to the interview.

Ian

meauxna

Hopefully Rene has made this clear to you. Your wife is the Sponsor in your case.
If she doesn't earn enough, her father can be the JOINT Sponsor.
The forms don't contradict themselves if you use their language.

I disagree with this. He knows the FIL's paperwork is in error.. CIS doesn't know this yet. They'll just get yet another RFE, and these two things are closely related.

I would get everyone's I-864 corrected and resubmit all of it, evidence included, with the RFE.

If the wife's I-864 is turned in alone now, and is insufficient, they'll get an RFE for *that* (a third one).. you can't just take the Joint Sponsor I-864 to the interview if the initial Sponsor's one is insufficient from the get go.

jeffreyhy

How did he identify himself as "the main sponsor"? There is no item on the I-864 about a 'main sponsor'.

There is the item 1.a that states, "I am the petitioner. I filed or am filing for the immigration of my relative." Surely your wife's father realizes that he is not the petitioner, his daughter is. Is this the item that your wife's father checked?

Regards, JEff