UK_Tomcat_Fan

Hi All

My wife and I are currently in the process for my AOS.

When we filed the I-485 we filed the paperwork with the following:

TABLE OF CONTENTS:
1. G-1145 E-Notification
2. Table of Contents page
3. I-485 Adjustment of Status Application
4. I-485 Continuation sheet
5. Copy of Passport Stamps, Biographical page, and Visa page
6. Copy of NOA2 Approval for I-129F
7. Copy of I-94
8. Certified copy of Birth Certificate
9. Certified copy of Marriage Certificate
10. G-325A
11. G-325A Continuation sheet
12. Passport photos
13. I-864 Affidavit of Support (Joint Sponsor)
14. I-765 Application for Employment Authorization

We have received a Request for Initial Evidence, they are asking for the following:

1. FORM I-864 was submitted; however it was not from the petitioner / sponsor
2. Submit evidence of the Joint sponsors status (US Citizenship)

Now I am assuming that as my wife did not submit an I-864 for my AOS the first part of the request is for her to file an I-864? or should I file an I-864 based upon what I have in savings?

Thanks

Martin

Noorah101

It sounds like they are asking for 2 different things:

1. It sounds like you only submitted an I-864 from the Joint Sponsor, is this correct? If so, then your USC spouse needs to submit an I-864 of her own, even though she may not qualify financially. She is still your sponsor.

2. It sounds like the Joint Sponsor did not include proof of US citizenship, so you'll have to get a photocopy of the Joint Sponsor's US birth certificate or US passport to include with the RFE response.

If you have enough in assets (i.e. savings, cash in the bank works best), then you don't need a Joint Sponsor. Assets need to be 3x the amount lacking in income.

Rene

jeffreyhy

As the petitioner your wife is your sponsor and must submit an I-864.

You are neither the sponsor nor the joint sponsor, you do not submit an I-864. As a household member of the sponsor, your wife can include your financials along with her own on her I-864.

Regards, JEff

S Folinsky

1. The Dark Forces have "interpreted" the law as requiring an I-864 from a K-1 petitioning spouse. [That is not the law, but I digress].

2. Any additional I-864 from a joint sponsor must show the status of such joint sponsor.

Sometimes it is possible for the alien spouse to execute the I-864A as a household member and thereby include their assets. The devil is in the details.

sekharan

Everyone knows you are one of the best, and this is what I did recently as well. Had my spouse include my income in the I-864A.

I did end up including a joint sponsor (due to my paranoia) just because my income was not for the last 3 years or more (I have been in the US and earning the required income for just over 1.5 years)

jeffreyhy

Correction - your spouse included your income in the I-864. The I-864A was your agreement with your spouse that they could do so.

Regards, JEff