485 RFE for form I-864 Affidavit of Support

N

nopatient

Registered Users (C)
I got RFEs for my and my husband's I-485. My husband's I-485 is asking for form I-864, I'm the primary applicant. Why does he need to provide it?

Did anyone have similar RFE?

Thanks,
 
Affidavit of support

nopatient,

I believe Form I-864 is a necessary part of the 485 application. Your lawyer should have included it in the packet that was sent to the TSC. Basically if you are the primary applicant and have a dependent filing with you, an affidavit of support has to be filed for the dependent. I guess they want to make sure that the primary applicant actually supports the dependent and want that in writing. I remember submitting Form I-864 with my wifes 485 application since she is a dependant on my application.

Do not worry to much. Just fill out the form and send it to them.

regards,

saras
 
nopatient said:
I'm the primary applicant. Why does he need to provide it?
Click to expand...

Think in this way, if u are principal and u are file 485 only for you not to ur husband, would you need to file Affidavit?.................. No ..... right.

Affidavit is only required in dependant's 485 package, not principal, they are asking to him to provide to proof that you won't become public charge.


Hope this would help u to understand


About I-864/I-134 requirement:

Yes, in EB catagoryI-134 is asked and treated enough,
But Read What State of Dept says ,

------------------------------------------------------------

State Department Memo to Field that I-864s are Not Normally Needed in Employment-Based Cases

November 8, 2000

STATE 207503

SUBJECT:

I-864 AND EMPLOYMENT-BASED IMMIGRANT VISAS A)98 STATE 112510, B)98 STATE 133504

1. Department would like to remind posts of the

circumstances under which an I-864 Affidavit of Support

may be requested in employment-based immigrant visa (IV)

cases, as it has come to the Department's attention that

some posts may be incorrectly requiring the I-864.



2. Under INA 213A and applicable INS regulations, an I-864

is needed for applicants for employment-based immigrant

visas only if a relative filed the IV petition or has a 5

percent or greater ownership interest in the business that

filed the petition. These are the only two circumstances

in which an I-864 is required in an employment-based case

(reftel A, para 4).



3. Section 213A of the INA limits use of the I-864 to the

specified IV cases. Consular officers are therefore

prohibited from requesting, or accepting, I-864s in any

visa cases where an I-864 is not required by statute,

including employment-based IV case other than those noted

in para 2. If a visa applicant is not subject to the I-

864 requirement (e.g., regular employment-based IVS, DVs,

Ks), but the consular officer believes that an affidavit

of support is needed to satisfy INA 212(a)(4), the

consular officer should request submission of an I-134,

not an I-864.



4. Where an I-864 is required, the sponsor must submit

individual tax returns, even in the limited class of

employment-based IV cases where the sponsor must file an

I-864. The I-864 sponsor must be an individual and not an

entity such as a business (reftel B, para 10).


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:D :D

Good LUck
 
Last edited by a moderator:
Is this the same thing ?

I have received 13 identical emails today from uscis requesting evidence for my 15 year old kid. I haven't recd the papers yet. Is this an affidivit of support they are looking for ? I believe my attorney did everything required.

Has CIS stopped 485 approvals but still processing them for future ? What inference can I take from these ?

T, Man
 
man1203 said:
I have received 13 identical emails today from uscis requesting evidence for my 15 year old kid. I haven't recd the papers yet. Is this an affidivit of support they are looking for ? I believe my attorney did everything required.

Has CIS stopped 485 approvals but still processing them for future ? What inference can I take from these ?

T, Man
Click to expand...

Dear Friend,

First of all Do not Panic, I believe you received email about RFE issued on your kid's case. and I believe they don't send detail in email.

Wait for RFE letter, keep in touch with ur attorney,


>>Has CIS stopped 485 approvals but still processing them for future ?

I believe Yes, ppl are receiving RFE and changing LUD indicates work is in progress. :D


>>What inference can I take from these ?

Not sure what u are refering to, but if u mean from RFE then most common for kids are medical.

If u mean should u start assume progress in your /family case , then YES always be hopeful and think positive. they may be almost approve the petitions and holding till visa no are available .


Good LUck :D
 
Thanks for your comments. They are very helpful.

Here is my info:
PD - 5/15/2002
Labor Approval - 12/30/2003 EB-2
I-140/I-485 concurrently file on 3/30/2004 , unfortunately my former lawyer accidently file my I-140 as EB-3
FP - 10/23/2004
I-140 -AD(12/14/2004), because EB-3 I485 backlog, my I485 was not concurrenly processed.
I-485 - RFE issued on 6/1/2005( got automate email notification), but none of my former lawyer, current lawyer and I received it until 7/26/05 my current lawyer called INS, INS people faxed RFE to her.

RFE:
my case: employment verification letter, no-immigration status evidence to support my first date entered US till the date I got my first H1B, completed 693 medical examination form (the doctor provided HIV and Syphilis test result sheet, but she didn't check the two boxes of HIV and Syphilis results on form 693).

My husband's case: no-immigration status evidence to support his first date entered US till the date he got his first H1B, form I-864
 
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