Submitted I864 instead of I864W

[Shriniket]

I got an RFE asking for evidence regarding my wife's income. That's when I re-read the instructions on the I864 and realized I'm exempt because I've been employed full time for the last 10 years and qualify for social security as per my SSA statement.

The question is how do I fix this mess? The RFE is for the I864 which I incorrectly submitted as I'm exempt. Surely i can't just send in an I864W in response to the RFE? I have an appointment two weeks from today to meet an officer in the local USCIS office, but was wondering if someone here can help.

[balasr]

I got an RFE asking for evidence regarding my wife's income. That's when I re-read the instructions on the I864 and realized I'm exempt because I've been employed full time for the last 10 years and qualify for social security as per my SSA statement.

The question is how do I fix this mess? The RFE is for the I864 which I incorrectly submitted as I'm exempt. Surely i can't just send in an I864W in response to the RFE? I have an appointment two weeks from today to meet an officer in the local USCIS office, but was wondering if someone here can help.

You're still probably not too late to submit form I864W as a response to the RFE. Your SSA statement by itself should be a strong evidence (check for errors though). You must establish 40 qualifying quarters and must be married for at least that long to credit her. If she now has or in the past had income then her own SSA statement in addition to all your W2s, 1040s etc. should suffice. What you showed was not enough perhaps, but be sure to bring their attention to the new evidence. Clearly stating it in a extra sheet of paper will help. In the end, your must convince one way or the other that your wife will not become a public burden after all.

[Shriniket]

You're still probably not too late to submit form I864W as a response to the RFE. Your SSA statement by itself should be a strong evidence (check for errors though). You must establish 40 qualifying quarters and must be married for at least that long to credit her. If she now has or in the past had income then her own SSA statement in addition to all your W2s, 1040s etc. should suffice. What you showed was not enough perhaps, but be sure to bring their attention to the new evidence. Clearly stating it in a extra sheet of paper will help. In the end, your must convince one way or the other that your wife will not become a public burden after all.

Thank you for your response balasr. I'm not sure why I got the RFE in the first place, my wife and i both make 6 figures each. The USCIS officer was not much help and suggested I send what they asked for. To be on the safe side I responded to the RFE (was trying to avoid getting a letter from my wife's work but their legal dept knew about this process and cranked one out without issues) and also submitted an I864W. Don't know which worked but got an interview appointment and in 15 min was approved. I'm now a permanent resident .

For anyone that may be in the same situation the moral of the story is read the instructions document carefully even if you were able to fill out the form without needing any help. If you get an RFE best bet is respond even if the RFE does not apply to you. A letter explaining clearly why the RFE does not apply to you also helps. Good luck!