RFE letter from INS reg. I-485

T

TSCPAIN

Registered Users (C)
Today I received a letter from BCIS, it is like this

"You filed a Form I-864 for your wife. A form i-134 would have been required unless you own at least 5% of your employers stock, or if your employer is related to you, please clarify why the Form I864 was filed."

Actually my lawyer filed my application I-485, at that time I just followed him. Any way my concern is any body have the same experience can share with me please.
my ND/RD is May 2001.
 
I too was issued an RFE on 08/08/03. Since I have not yet received it I don't know what it is about. I'm afraid that my RFE might be similar to yours because I think my lawyer too filed form I-864 for my wife. After reviewing the BCIS website it seems that indeed form I-134 should have been filed instead. Both forms are affidavits of support. The difference is that form I-864 requires a sponsor to be a US citizen ot permanent resident. Additionally form 864 needs to be filed by the petitioning employer on your behalf only if he is related to you or if you own a 5% stake in his business or it may be filed by you on your wife's behalf only if you are the petitioning relative filing form I-130 for your wife with the BCIS.
I myself am confused about which affidavit of support needs to be filed but it looks as if the RFE issued by the officer makes sense. Maybe someone who is better informed can throw light upon this matter. You might want to consult your lawyer. I know that if my RFE is similar I certainly will consult and confront mine for making a seemingly elimentary error.
Meanwhile I'll keep this site posted about the nature of my RFE. I hope it is a simple no brainer.
 
TSCPAIN: Would you share your PD with US?

Both (TSCPAIN and ARCDOCS) of you will see your approval soon.
 
TSCPAin & arcdocs


Looks like the end is in sight. I had filed my wife's I485 a year after mine. I filed I134 along with her I485. So I guess I134 should be filed and once you do that hopefully you should be OK.

RD 05/01
ND 07/01
FP 03/03
AP ?????

PLease also check with a lawyer.

Good Luck
 
I check with my lawyer
he also suggested the same thing that, filing I-134 will be good in this situation. My ND/RD is May 2001 and my PD is Nov 2000
 
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