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RFE for I485. Issues: No I-864 from petitioner/sponsor and no supporting tax schedule from co-sponsor.

Sacramento, CA |

Hi. I filed an i-130, I-485, and an I-765 for my husband. I'm been unemployed or underemployed for the past 2 and a half years. I also haven't filed taxes since 2010. When i filed for my husband, his uncle did the affidavit and attached his 2012 tax return. I didn't attach any cause i didn't have any. I received a RFE requesting the following:
1. Form I-864 Affidavit of Support was submitted; however, it was not from the petitioner/sponsor Please submit a completed and signed Form I-864 with a revision date of 03/22/13, from the petitioner/sponsor listed on form I-130. Even if a joint sponsor will be used, the petitioner/sponsor must form i-864 and most recent Federal Income tax returns.
How do i go about fixing this problem? Should i see an Accountant or a Lawyer? What do i do?

Attorney Answers 5


  1. As the petitioner you have to file I-864 even if you have no income. The sponsor needs to provide his recent pay stab and the most recent tax return with w-2 form.


  2. As a petitioner, you are to complete and file I-864, and submit it along with the supporting documents. If there is a co-sponsor, that individual also has to file the affidavit along with his set of documents. It is best to work with a professional to guide you with timely send the proper documentation and to complete this crucial step towards the AOS application.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


  3. The petitioner must sign an I-864 independent of any other individual also signing the I-864. Please see an accountant to determine whether you are required to file an income tax return (if so, please file ASAP along with any penalties due, etc.) and if not, to provide a letter indicating that you are not required to file. Even if underemployed or unemployed submit pay stubs and W2.


  4. Start by contacting an immigration lawyer.

    Dhenu Savla, Esq.
    SwagatUSA, LLC

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.


  5. A prime example of why people should not attempt to file for immigration benefits on their own.

    It might seem easy enough, but it is full of pit-falls.

    It's time to spend the money on an immigration attorney to try and get out of this little mess. It's fixable, but you must act quickly.

    Law Office of Daniel M. Wigon - 916-447-8975. This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.

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