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I-864 RFIE, principal vs. derivative applicant, plus an apparent contradiction in answers
Following my family's immigration more than a year ago, I've submitted papers for AOS. It is F4 category, I am a derivative beneficiary/applicant to my spouse.
I've received an I-846 RFIE. I'm quoting:
My understanding is:
Although I am a derivative applicant in I-130, USCIS asks to list myself as the "principal applicant" for I-864, Part 2. (The last three bullet points are standard for correctly filling up the form, I presume).
Problems:
If this understanding is correct, I run into the following problems in filling up the first three questions of Part 3 of I-864:
Q1. "Yes" is to be ticked, if I'm the principal applicant. But "No" is also applicable, as I am also "immigrating more than six months after the principal immigrant" (after my spouse). Both Yes and No cannot be correct!
Q2. This probably does not apply to me.
Q3: I am a family member of the principal beneficiary/applicant of I-130 who is "immigrating more than six months after the principal immigrant". But how I can be included as the "principal applicant" and "Family Member 1" (none is accompanying me).
Am I wrong in interpreting the RFIE? How do I tick first three questions of Part 3?
I would like to lean on suggestions from the experienced members of the forum, which in my opinion, is more helpful than most lawyers.
Following my family's immigration more than a year ago, I've submitted papers for AOS. It is F4 category, I am a derivative beneficiary/applicant to my spouse.
I've received an I-846 RFIE. I'm quoting:
You have submitted Form I-864, Affidavit of Support, from the petitioning sponsor. However, the Form I-864 does not list the applicant as the principal immigrant. Applicants listed on a separate visa petition must be listed as their principal immigrant on their own Form I-864. In order for us to process your application further, you must:
- Submit a completed and signed Form I-864, from the petitioning sponsor, that lists the applicant as the principal applicant. All pages must be present and of the latest edition date. [Emphasis added]
- Provide petitioning sponsor's social security number on Form I-864
- Provide a complete and correctly calculated household size for the petitioning sponsor on Form I-864
- Submit a complete copy of the petitioning sponsor's Federal income tax return, including supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) filed with the return, for the most recent tax year.
Although I am a derivative applicant in I-130, USCIS asks to list myself as the "principal applicant" for I-864, Part 2. (The last three bullet points are standard for correctly filling up the form, I presume).
Problems:
If this understanding is correct, I run into the following problems in filling up the first three questions of Part 3 of I-864:
Q1. "Yes" is to be ticked, if I'm the principal applicant. But "No" is also applicable, as I am also "immigrating more than six months after the principal immigrant" (after my spouse). Both Yes and No cannot be correct!
Q2. This probably does not apply to me.
Q3: I am a family member of the principal beneficiary/applicant of I-130 who is "immigrating more than six months after the principal immigrant". But how I can be included as the "principal applicant" and "Family Member 1" (none is accompanying me).
Am I wrong in interpreting the RFIE? How do I tick first three questions of Part 3?
I would like to lean on suggestions from the experienced members of the forum, which in my opinion, is more helpful than most lawyers.
