Rfe I-864

Estrella77

Registered Users (C)
I helped my friend to fill out applications for AOS. His wife doesn't make enough money to support him, so we filed out I-864A (his friend was a co-signer). We didn't fill out I-864 since his wife dosn't meet 125%. Today he got RFE by mail that he needs to send I-864. Does he still need to show his wife's income even though she makes only about $10,000 per year?
 
Yes! The primary sponsor (your friend's wife) and the co-sponsor both must file an I-864... even if the primary sponsor does not meet the income requirement. Remember, I-864 need to be notarized too.
 
In this case what should my frien's wife mak in Part 4D? Option 1? and fill out I-864A for co-sponsor or it's gonna be also I-864 since co-sponsor is not a relative?
 
Estrella77 said:
In this case what should my frien's wife mak in Part 4D? Option 1? and fill out I-864A for co-sponsor or it's gonna be also I-864 since co-sponsor is not a relative?
In Part 4D, she should check the first box, because she is still subject to 125% of poverty line requirement for sponsors.
They both should fill out form I-864.
I-864A is for a co-sponsor who's a household member, not just a relative.
 
Estrella77 said:
In this case what should my frien's wife mak in Part 4D? Option 1? and fill out I-864A for co-sponsor or it's gonna be also I-864 since co-sponsor is not a relative?

If none of the boxes are checked, the applicaiton will be denied or you probably will get an RFE. USCIS wants to make sure that the intending immigrant is sponsored, wont become a public burden and the sponsor(s) meet/exceed the 125% income requirement.
 
Estrella77 said:
I helped my friend to fill out applications for AOS. His wife doesn't make enough money to support him, so we filed out I-864A (his friend was a co-signer). We didn't fill out I-864 since his wife dosn't meet 125%. Today he got RFE by mail that he needs to send I-864. Does he still need to show his wife's income even though she makes only about $10,000 per year?
You will need a I-864 , Im not an attorney , but there have been instances in this forum where there were co sponsors from the family ( Typically a USC's relative ) Explore your options before you send in your reply for the RFE .
 
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