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  • I-485 rfe

    I have applied Family Based Green Card (F2A) category for my husband. I filled I-485, I-864, I-765, and I-131 together. Below are dated.

    Case Filed: 03/09/2018
    Got Receipt: 03/20/2018
    Received FingerPrint Date Notice: 03/30/2018
    Fingerprint Date: 04/11/2018
    RFE Date: 04/10/2018

    I got RFE today on 04/10.
    USCIS mentioned that petitioner submitted Form I-864, however, the names listed on Page 1 and Page 3 are not same.
    They have mentioned same about joint sponsor stating that joint sponsor submitted Form I-864, however, the names listed on Page 1 and Page 3 are not same.

    In my case, we do not have any joint sponsor for this I-864 form. I am sponsoring my husband and we are using his income as part of I-864. Is this the by default response for I-864 form or they have misunderstood my I-864 form?

    USCIS also mentioned that you can use the revised version of the form on 07/02/2015 which is updated I-864 form. I used I-864 form which was expired on 06/30/2017. Did USCIS send an RFE because of form expiry date?

    Any help would be appreciated.

  • #2
    Originally posted by hemina60 View Post
    I have applied Family Based Green Card (F2A) category for my husband. I filled I-485, I-864, I-765, and I-131 together. Below are dated.

    Case Filed: 03/09/2018
    Got Receipt: 03/20/2018
    Received FingerPrint Date Notice: 03/30/2018
    Fingerprint Date: 04/11/2018
    RFE Date: 04/10/2018

    I got RFE today on 04/10.
    USCIS mentioned that petitioner submitted Form I-864, however, the names listed on Page 1 and Page 3 are not same.
    They have mentioned same about joint sponsor stating that joint sponsor submitted Form I-864, however, the names listed on Page 1 and Page 3 are not same.

    In my case, we do not have any joint sponsor for this I-864 form. I am sponsoring my husband and we are using his income as part of I-864. Is this the by default response for I-864 form or they have misunderstood my I-864 form?

    USCIS also mentioned that you can use the revised version of the form on 07/02/2015 which is updated I-864 form. I used I-864 form which was expired on 06/30/2017. Did USCIS send an RFE because of form expiry date?

    Any help would be appreciated.
    I also got a letter from them requesting for evidence with regards to the I-864 submitted. They were saying that the income was insufficient where actually it wasnt, base on the 2018 poverty guideline. I consulted an immigration lawyer and i was told that alot of times USCIS make mistakes in sending RFE/RFIEs. You can just write them back and contest these things. And yes use the latest edition of the form I-864.

    I have the same Biometric schedule which falls tomorrow! Goodluck to us 😊

    Comment


    • #3
      Originally posted by hemina60 View Post
      I have applied Family Based Green Card (F2A) category for my husband. I filled I-485, I-864, I-765, and I-131 together. Below are dated.

      Case Filed: 03/09/2018
      Got Receipt: 03/20/2018
      Received FingerPrint Date Notice: 03/30/2018
      Fingerprint Date: 04/11/2018
      RFE Date: 04/10/2018

      I got RFE today on 04/10.
      USCIS mentioned that petitioner submitted Form I-864, however, the names listed on Page 1 and Page 3 are not same.
      They have mentioned same about joint sponsor stating that joint sponsor submitted Form I-864, however, the names listed on Page 1 and Page 3 are not same.

      In my case, we do not have any joint sponsor for this I-864 form. I am sponsoring my husband and we are using his income as part of I-864. Is this the by default response for I-864 form or they have misunderstood my I-864 form?

      USCIS also mentioned that you can use the revised version of the form on 07/02/2015 which is updated I-864 form. I used I-864 form which was expired on 06/30/2017. Did USCIS send an RFE because of form expiry date?

      Any help would be appreciated.
      I think I may have an idea of what is going on. Just to be sure, I'll cover these bases.
      You are the petitioner and, as such, you are also your husband's sponsor on the I-864. You have to fill out, sign and submit a I-864 whether your income meets the 125% federal poverty guideline or not. Since your income alone does not meet the requirement, you are including his income as part of your household's income. Thus, you are the ONLY sponsor. So through the I-864 it's really all about your income, until you get to the part where you may add the intending immigrants income. The intending immigrant does not get to self-sponsor - not in this case.

      Namely,
      Page 1/12. Part 1. I, YOUR NAME, am the sponsor submitting this affidavit of support because I am the petitioner. I filed or am filing for the immigration of my relative.

      Page 3./12. Part 4. Information about you. Sponsor's full name. **** This is all you ****

      Page 5/12. Part 6. Sponsor's Employment and Income. ***ALL YOU AND ONLY YOU ***

      Page 5/12 Question 2. My current annual individual income = Only your income.

      Page 5/12 Question 3. Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant.***If you look at the form, you'll see that you can use the income of up to 4 people who were counted in your household size.***

      Person 1 Your husband's current income.

      Page 5/12 Question 15. Your income + your husband's income.
      (Ignore 16. He does not have to fill out a I-864A because he is the intending immigrant)

      Page 5/12. Question 17. One or more of the people listed in Item Numbers 3., 6., 9., and 12. do not need to complete Form
      I-864A because he or she is the intending immigrant and has no accompanying dependents.
      Name - ***Your husband***

      If the combination of all income meets the requirement, you do not need to get into assets.

      I hope this helps.

      All the best.

      Comment


      • #4
        Rfe

        Thank you for sharing the information. I have used exact same details which you gave below. USCIS did not mention about household income also. They mentioned sponserer name is not matching and joint sponsorer name is not matching too. In my case I do not have any joint sponsorer. I found my mistake on the sponserer side but not sure about joint sponser. If I send updated one with name matching, I am afraid if they think about joint sponser and deny my application.

        Originally posted by UScitizenFilingforspouse View Post
        I think I may have an idea of what is going on. Just to be sure, I'll cover these bases.
        You are the petitioner and, as such, you are also your husband's sponsor on the I-864. You have to fill out, sign and submit an I-864 whether your income meets the 125% federal poverty guideline or not. Since your income alone does not meet the requirement, you are including his income as part of your household's income. Thus, you are the ONLY sponsor. So through the I-864 it's really all about your income, until you get to the part where you may add the intending immigrants income. The intending immigrant does not get to self-sponsor - not in this case.

        Namely,
        Page 1/12. Part 1. I, YOUR NAME, am the sponsor submitting this affidavit of support because I am the petitioner. I filed or am filing for the immigration of my relative.

        Page 3./12. Part 4. Information about you. Sponsor's full name. **** This is all you ****

        Page 5/12. Part 6. Sponsor's Employment and Income. ***ALL YOU AND ONLY YOU ***

        Page 5/12 Question 2. My current annual individual income = Only your income.

        Page 5/12 Question 3. Income you are using from any other person who was counted in your household size, including, in certain conditions, the intending immigrant.***If you look at the form, you'll see that you can use the income of up to 4 people who were counted in your household size.***

        Person 1 Your husband's current income.

        Page 5/12 Question 15. Your income + your husband's income.
        (Ignore 16. He does not have to fill out a I-864A because he is the intending immigrant)

        Page 5/12. Question 17. One or more of the people listed in Item Numbers 3., 6., 9., and 12. do not need to complete Form
        I-864A because he or she is the intending immigrant and has no accompanying dependents.
        Name - ***Your husband***

        If the combination of all income meets the requirement, you do not need to get into assets.

        I hope this helps.

        All the best.

        Comment


        • #5
          Originally posted by hemina60 View Post
          Thank you for sharing the information. I have used exact same details which you gave below. USCIS did not mention about household income also. They mentioned sponserer name is not matching and joint sponsorer name is not matching too. In my case I do not have any joint sponsorer. I found my mistake on the sponserer side but not sure about joint sponser. If I send updated one with name matching, I am afraid if they think about joint sponser and deny my application.
          So what was the mistake you found?
          It's possible that the adjudicator that put together RFE letter didn't edit out everything he needed to delete. See, from what I read on a threat a former USCIS adjudicator wrote on a different site, they use templates for RFEs. If you were to read it, it would not make sense to you. It would list every possible reason for denial. In order to save time when issuing a RFE, you delete all reasons that aren't relevant. My guess is that the name matching part should have been deleted and wasn't, by mistake. Did you call and ask to speak to a Level 2 Officer? The front line of customer service agents are contractors reading off a script. If it is not on the script, they don't know.
          The I-864 is key. You want to talk to someone as soon as possible.

          Comment

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