help:RFE i-485

[fantasmic1]

What is the name of your state? Michigan

Hi all,
i applied for I-130,I-485 and I-765 this mid july to chicago office..we are a young couple and i was on f1 visa/opt when i applied...my wife is a us citizen by birth....today i received a letter saying that im ineligible for interim employment authorization until 90 days after missing initial evidence is received.
They are asking for form i-864, i-693 and i-693 supplemental form all of this within 87 days..the letter also says the medical needs to be submited and i can't hold it till interview and also states the i-485 will be denied if all the three things are not submitted together within 87 days.

i can go do the medical but Our main issue is my wife will turn 18yrs old in feb 2008 hence she is ineligible to file/sign the form i-864 as it says even with a co-sponsor/joint sponsor the petitioner/sponsor(which is my wife) needs to be 18 to sign...what should we do?

please advice, any advice is more then welcomed.
thanks

 

[ImmigAttyLana]

She can sign it as the petitioner and then she needs to also get a co-sponsor. These forms, signed by her and the co-sponsor, had to be submitted at the time of filing your petition.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[fantasmic1]

re:

thank you for the advice ImmigAttyLana...so even though she is not 18 and the guidelines on the form i-864 say you have to be 18 to sign..wont they deny or reject my i485 for that if she signs it as a petitioner with a co-sponsor.

 

[ImmigAttyLana]

Again, she cannot qualify as the SOLE sponsor and she will need a co-sponsor.

 

[evcalyptos]

Again, she cannot qualify as the SOLE sponsor and she will need a co-sponsor.

hmm, I've been under the impression that the spouse MUST be the primary sponsor, and someone under 18 may NOT by law sign the I-864 affidavit contract.

Are you saying the Joint Sponsor presense can override that?

An interesting pickle, IMO.

 

[fantasmic1]

re

evcalyptos thats why i asked the question twice...however a joint sponsor cannot override if the spouse is under 18..