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Response to RFE for 864 affidavit of support (Green Card i-485 )

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  • Response to RFE for 864 affidavit of support (Green Card i-485 )

    I got RFE for Green card I-485 petition. My sister was my joint sponsor and she did 864 for my application. She is using household income of his husband who is a MD. We didn't know that she needs to submit i-864A because she is using her husband's income. The second point in RFE was that 864 from petitioner (my mom) was missing. We didn't submit 864 from her name because she has no source of income.Please give me suggestion what is the best way to send the response.
    Option 1: My sister will submit 864A from her husband and my mom will submit another 864 showing zero income.
    OR
    Option 2: My mother sumbits I-864 from her side and add my sister's husband as a household member . Then my mom and my sister's husband submit I-864A together.

    I AM VERY VERY CONFUSED?
    Attached Files

  • #2
    The petitioner (your mom) always needs to submit an I-864 Affidavit of Support, regardless of whether they have income, and regardless of whether there is a joint sponsor. If there is a joint sponsor, the joint sponsor would submit a second I-864, so there would be two I-864s. The I-864 says that, other than your mother's spouse or tax dependents, the only people who can be her "household members" are her siblings, parents, or children who live in the same residence as her. So I don't think that your sister's husband can be her household member. So you should do "Option 1".

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      THANKS.I was thinking the same

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