RFE I-864 Question

mikefundel

Registered Users (C)
hey everyone!!!
i would greatly appreciate your help. i applied for AOS I-485 in August and today i got a letter aksing for additional reference for the affidavit of support I-864. My friend is my joint sponsor. The letter from USCIS says the following: "
the office was unable to complete the processing of your Application to Register Permanent Residence or Adjust Status (Form I-485) without initial information
1) Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponsor.

In order to process you application further, submit a completed and signed Form I-864 for the petitioner/sponsor listed on Form I-130 or Form I-129F.

Does this mean that my friend can't be my sponsor? my wife filed I-130 for me-does this entail that she has to be my sponsor? what if her income isn't sufficient to do that?
and also

2) In order to process your application further, the joint sponsor on form I-864, Affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc.) submitted to the Internal Revenue Service (IRS) for the most recent tax year.

my sponsor-friend submitted his tax returns for last year(form1040), employment letter and a copy of green card. does he have to submit W-2 forms and 1099-s?

What should i do now? thank you vey much for your help.

P.S. can i change my sponsor now? won't this cause any problems?
 
1) Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponsor.

In order to process you application further, submit a completed and signed Form I-864 for the petitioner/sponsor listed on Form I-130 or Form I-129F.

Does this mean that my friend can't be my sponsor? my wife filed I-130 for me-does this entail that she has to be my sponsor? what if her income isn't sufficient to do that?

Yes, your wife must send in an I-864. Petitioners must send an I-864. If income is insufficient, a joint sponsor must send an I-864 in addition to (not instead of) the petitioner.


2) In order to process your application further, the joint sponsor on form I-864, Affidavit of Support, must submit all supporting tax documentation (W-2s, 1099s, etc.) submitted to the Internal Revenue Service (IRS) for the most recent tax year.

my sponsor-friend submitted his tax returns for last year(form1040), employment letter and a copy of green card. does he have to submit W-2 forms and 1099-s?
Yes, W2 and 1099s must be submitted. If unavailable, a tax transcript can be submitted instead.

What should i do now? thank you vey much for your help.
In summary:
1) Wife must fill out I-864.
2) Friend must resend tax forms with all W2+1099, or send in tax transcripts


P.S. can i change my sponsor now? won't this cause any problems?
DOn't know.

-ML

K1 -> I-485 -> I-751 -> N-400

Now filing I-130/I-485 for parent...
 
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