S P
May 6, 2023
Mistake in responding to RFE
I filed concorently in August 2022: i130, i485, i765, i131 - my case was transferred to NBC. I submitted my affidavit of support using my mother who is an American citizen as the sole sponsor, I didn't use my wife at all.
A month after filing I got a RFE, that I didn't submit a properly signed affidavit of support - I took it as some documents are missing, I then submitted more docs: a copy of my mum's US passport, birth certificate showing our relationship, W2s and tax returns for the last 3 years, letter of employment, and signed affidavit that she knows about my marriage and she is willing to support us.
Recently, I went back to look at the RFE notice and realized it says that i need to submit a signed affidavit of support for petitional sponsor listed in i130.
My question now is:
1. Is it a must to submit an affidavit of support from my wife? as I thought that an immediate relative can be a sponsor.
2. It seems like I made a mistake in responding to the RFE by sending in more documentation in favour of my mum as my sole sponsor rather than using my wife - How do I rectify this?
PS. when I submitted the rfe, they responded saying, they find the document okay, they will reach out to me if they have any more questions. this was 7 months ago.
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BAYANO PARKERMay 6, 2023
You 1st sponsor is your spouse... You should always send her affidavit of support even if she's not making a lot, then your joint sponsor will support but ALWAYS put the spouse first( W2, tax return, paystubs )...
itzel gonzalezMay 6, 2023
Did your mom sign the 864 form to confirm she’s the sponsor ?
Pepertua AMay 6, 2023
I would say add to unsolicited eveidence and upload and also speak to a lawyer.
S PMay 6, 2023
@itzel gonzalez yes she did and also mentioned it in the signed affidavit(letter of support) I submitted alongside her W2s, paystubs etc
S PMay 6, 2023
@Pepertua A the things is when I submitted the initial i864. I checked sole sponsor - if I submit another i864 for my wife - won't that just be chaos - I guess that's where the lawyer comes in.
S PMay 6, 2023
@BAYANO PARKER I didn't know that - I didn't use her cos at the time she owed taxes. I didn't just want issues for her
S PMay 6, 2023
@BAYANO PARKER I am just trying to correct the error now
felasky God is good 🙏🙏🙏May 6, 2023
@S P It’s a must to have your wife affidavit of support even if she owes IRS , now before u get a NOID u can have your wife filled out the form, signed and then u can upload it in unsolicited evidence and also mail it to the same address with your case number on top of every single page ( with the copy of your RFE letter) . Hopefully that will work, otherwise it doesn’t matter if your mom makes a million a year , your case will be denied as long as it is a marriage based ( I-864 instruction) . Good luck my friend
S PMay 6, 2023
@felasky I Believe in Allah 🙏🙏🙏 thank you. I am doing that right now
S PMay 6, 2023
Does anyone have any idea how much income is enough to sponsor in the state of Texas?
