RFIE for petitioner I-864 when already submitted I-864W for beneficiary

[didoesque]

Hi all, I posted in the October 2019 thread but wanted to ask the entire forum about this.

Got an RFIE today in the mail. It asks for Form I-864 for the petitioning sponsor. We submitted the I-864W for my husband (beneficiary) since he qualifies for one of the exemptions (over 40 ss credits), but I had no idea that I, as the US spouse petitioner, also had to submit the I-864 for myself? Please share thoughts.

[didoesque]

Here’s the exact wording:

- Submit a complete and signed Form I-864, Affidavit of Support, for the petitioning sponsor listed on Form I-130. Even if a joint sponsor will be used, the petitioning sponsor must submit Form I-864. Also provide copies of the petitioning sponsor’s most recent Federal income tax returns and all supporting tax documents. If you have submitted Form I-864, the version you submitted is no longer accepted. You must submit Form I-864. All pages must be present and of the latest edition date.

If the applicant qualifies for one of the exemptions on Form I-864W, please submit a completed and signed Form I-864W.

Fir further instructions and the latest edition of Form I-864 (or I-864W), visit the USCIS website... etc”

So my question is do we simply resubmit the Form I-864W — maybe they lost it? — or do I (the petitioner) also need to submit the I-864?

Thanks for your help!

[newacct]

You shouldn't have to submit an I-864. Just resubmit the I-864W.

[TSmith86]

To my understanding, the petitioner ALWAYS has to fill out the I-864, even if their income is not going to being used.
Still has to submit their most recent tax returns (2018) also. If you didn't need to file, you should write a letter explaining why.

[didoesque]

I reread the instructions on Form I-864W and it specifically states to be used in lieu of the 864 if one of the exemptions applies. It doesn’t say anything anywhere about the petitioner filing an 864 along with the beneficiary’s 864W.

Wouldn’t the 864W render the 864 moot, even for the petitioner? That is, after all, the entire purpose of the exemption? Still confused...thanks for the feedback.

[MarcWindsor]

I don't think you should have to submit an I-864. Just resubmit the I-864W with supporting documents.

[didoesque]

Think I found the answer, as per a memorandum. No affidavit of support needed in addition to the 864W if beneficiary has 40 social security credits:

“The question has recently arisen: Is an affidavit of support still required if, at the time the alien seeks permanent residence through admission or adjustment of status, the alien can show that he or she already has worked, or can be credited with, 40 qualifying quarters of coverage?

The policy of the Service is that an affidavit of support is not required if, at the time the alien seeks permanent residence through admission or adjustment of status, the alien can show that he or she already has worked, or can be credited with, 40 qualifying quarters of coverage.

The basis for this policy is that it represents the most reasonable interpretation of INA §213A(a)(3)(A) and 8 C.F.R. §213a.2(e)(1)(i)(B). The obligations under the Form I-864 come into force when the sponsored alien acquires permanent residence. But if, at that time, the sponsored alien already has worked, or can be credited with, 40 qualifying quarters of coverage, then the obligation will expire at the very moment that it begins. Requiring the affidavit of support in this situation, therefore, would serve no purpose.”

https://www.hsdl.org/?view&did=19655

[MarcWindsor]

Think I found the answer, as per a memorandum. No affidavit of support needed in addition to the 864W if beneficiary has 40 social security credits:

“The question has recently arisen: Is an affidavit of support still required if, at the time the alien seeks permanent residence through admission or adjustment of status, the alien can show that he or she already has worked, or can be credited with, 40 qualifying quarters of coverage?

The policy of the Service is that an affidavit of support is not required if, at the time the alien seeks permanent residence through admission or adjustment of status, the alien can show that he or she already has worked, or can be credited with, 40 qualifying quarters of coverage.

The basis for this policy is that it represents the most reasonable interpretation of INA §213A(a)(3)(A) and 8 C.F.R. §213a.2(e)(1)(i)(B). The obligations under the Form I-864 come into force when the sponsored alien acquires permanent residence. But if, at that time, the sponsored alien already has worked, or can be credited with, 40 qualifying quarters of coverage, then the obligation will expire at the very moment that it begins. Requiring the affidavit of support in this situation, therefore, would serve no purpose.”


https://www.hsdl.org/?view&did=19655

Good job. I knew someone just filed I-864W only and no RFIE.

[didoesque]

Good job. I knew someone just filed I-864W only and no RFIE.

Thanks! It must have been overlooked or misplaced when we filed the original package.