Joe Kurly
Jun 22, 2022
RFE for i485 requesting for i864A or Joint Sponsor
I competed my form i864 and indicated the intending immigrant would help complete the petitioners income to meet the poverty guideline.
I received RFE today requesting me to file i864A since I indicated a household member (intending immigrant) would help to meet the income requirement since petitioner's income doesn't meet the guideline.
I am confused because on i864 instructions, it states that if intending immigrant can support the petitioner to meet the income requirement, there's no need for i864A, so why are they requesting for i864A and also asking me to provide a joint sponsor too since the petitioner alone can't meet the income guideline.
Please should I send just a new i864 joint sponsor alone or I need to add the i864A to it.
Can someone please help me
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to toJun 22, 2022
I had similar situation, immediately I responded to the rfe with a joint sponsor, my Ead was approved and now inline for an interview
Joe KurlyJun 22, 2022
You provided only joint sponsor in the rfe response?
to toJun 22, 2022
yes only joint sponsor
Joe KurlyJun 22, 2022
I'm really confused now and I'm very grateful for your response.
If I may ask, how was your rfe notice like?
Charton SnowJun 22, 2022
@toto is that only when u response this rfe your ead will be approved becuz I expedited my and I received a rfe to file i864 my expedite is approved over 1 month now n I have gotten ead
to toJun 22, 2022
@charton i guess uscis won’t approve until you respond to the rfe issued. basically an rfe means your documents are not complete hence you won’t be eligible for any benefit such as ead or parole
Joe KurlyJun 22, 2022
@to to so in my case that they are requesting for i864A and or Joint sponsor, should I just respond with a joint sponsor?
to toJun 22, 2022
@joe yes please
Joe KurlyJun 22, 2022
@to to great then.
lemme post my rfe here and see if it looks like yours
Joe KurlyJun 22, 2022
*Why We Are Writing You*
On December 1, 2021, you submitted your Form I-485. We are writing to inform you that we need more information from you to make a decision on your case. Please read this letter carefully and follow all of the instructions below.
*What You Need To Do*
You must provide the following information in order for us to make a final decision on your case.
•Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioning sponsor, XX, the income did not meet 125 percent (100 percent if military) of the poverty guideline for the petitioner/sponsor's household size. Submit evidence from a qualifying joint sponsor.
The joint sponsor will need to submit
A completed and signed Form I-864 for the joint sponsor.
• The petitioning sponsor, XX, indicates on Form I-864, Affidavit of Support, that qualifying household member(s) income will be used for the petitioning sponsor's income to meet 125 percent (100 percent if military) of the poverty guideline. The petitioning sponsor failed to submit one or more Form(s) I-864A, Contract Between Sponsor and Household Member, for the household member(s) whose income is being used to meet the poverty guideline.
In order to process your application further, you must submit:
A completed and signed Form I-864A for each qualifying household member whose income is being used to meet the poverty guideline. The Form(s) I-864A must be signed by the petitioning sponsor and the household member.
•If the petitioning sponsor’s income does not meet 125 percent (100 percent if military) of the federal poverty guideline for their household size, you must also obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form I-864P and the Form I-864 instructions for more information. If you decide to obtain a joint sponsor, you will need to:
Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor.
to toJun 22, 2022
@joe yes I got something like this, just get a joint sponsor
Joe KurlyJun 22, 2022
@to to I just want to be sure I don't need to send the i864A.
Did they request i864A from you too?
to toJun 22, 2022
I’m not sure if they did request i864A. but my situation was similar to yours, initial I submitted my taxes to show that we have enough as a household. I later got an rfe saying my wife’s income was not enough and we could get a joint sponsor. once we got the rfe we responded with the joint sponsor information and after a week my Ead got approved
Joe KurlyJun 22, 2022
alright thanks so much
h jJun 22, 2022
talk to a lawyer
Joe KurlyJun 22, 2022
@Nail Burns I understand but in our case we don't have any other household member so we can't add any one's income again. So does it mean we have to just send a new joint sponsor I-864 form instead?
Charton SnowJun 22, 2022
guys do you have to use the transcript or can you use the tax return it self
