Houston, TX asked in Immigration Law for Texas

Q: I got RFE & AOS case GC is pending due to failure to submit 864-A & 864 from petitioner my mom. What are the next steps

My mom 72 years is my petitionerand has zero income. So at the time of AOS my sister filled 864 with I-485. My sister's income is less than 125%poverty line but her husband is a MD and my sister added his income as a total household income.$300,000 but we didn't submitted 864-A. The agreement between the joint sponsor and the household member.Now USCIS has requested to submit 864-A. They also mentioned that 864 from the petitioner my mom is also missing . If my mom has zero income no tax returns and USCIS is asking their 864 sponsor form . I am very confused with the situation. Do I need to submit 864 from my mom with zero income and property . Then another 864 from my sister and 864A from my sister's husband. Please let me know what are the next steps.Thanks

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2 Lawyer Answers
Robert Roy Klein
Robert Roy Klein
Answered
  • Immigration Law Lawyer
  • Newport Beach, CA

A: Indeed, the AOS process is confusing. It requires a lot of forms. The RFE lays out everything that you need to submit. Follow it exactly, and submit what it's requiring you to submit. The petitioner for the 130 needs to file an 864 as well. Is she married and maybe included in a joint filing? Is she declared as a dependent under someone? Or, if her name doesn't appear on any tax return, you'll indicate this on the 864 and submit just the 864. Consult with an attorney who can help with all of this.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: I agree, perhaps, but mistakes can be made. If the USCIS denies the application, and it has, it can get much more complicated to resubmit the forms or request reconsideration. As a result, you should avoid any mistakes in properly documenting both your mom's form I-864 and your sister's husband's I-864A. To do so, I strongly recommend that you find a way to locate and afford a competent and experienced immigration attorney before there are any other complications. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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