How to Respond to RFE for I-864 in an Employment-Based I-485 Case Due to a Familial Relationship

If you are in the process of applying for adjustment of status (AOS) through an I-485 Employment-Based Category, you may receive an RFE (Request for Evidence). This request typically comes when there is a need for additional documentation, especially in cases involving a family relationship with the employer. This article aims to guide you through the process of responding to such an RFE and provides step-by-step instructions.

Understanding the Context of the RFE

When you submitted your I-485 Application for Adjustment of Status, you didn't provide an I-864 Affidavit of Support as is usually required. However, in your case, the requirement for the I-864 was triggered because the employer who is petitioning for your status, at least 50% owned by a relative, necessitated the submission of this form. The RFE you received is asking for the I-864 as the initial evidence for your I-485.

Steps to Respond to the RFE

1. **Identify the Reason for the RFE**: Before you begin gathering documents, it is important to understand why the RFE was issued. It could be for a variety of reasons, such as needing tax returns, W-2s, or other supporting documentation. Understanding the specific requirements will help you organize your response more effectively.

2. **Gather Necessary Documentation**: If the RFE specifically requests an I-864, you will need to secure the assistance of a relative who owns at least 50% of the petitioning employer. This relative will need to complete the I-864 Affidavit of Support. Additionally, compile any other requested documentation, such as tax returns, W-2s, and any other proof that supports your claim.

3. **Write a Cover Letter**: Compose a short, clear cover letter that explains the situation and the documents you are submitting to address the RFE. This letter should include any relevant background information and be succinct and professional.

Submitting the Response

4. **Prepare Your Response Pack**: Place all the necessary documents and the cover letter in a cohesive package. The cover letter should reference the RFE number and include any relevant case numbers.

5. **Mail or Submit the Package**: Send the package to the address listed on the RFE notice. Make sure to use a traceable method of delivery, such as certified mail, to ensure that it is received. Ensure that the form is mailed before the specified deadline.

Important Notes

Please note that the information provided here is intended to be a general guide and should not be construed as legal advice. It is crucial to consult with an attorney or an authorized representative to ensure that your application is processed correctly and all requirements are met.

In conclusion, responding to an RFE for the I-864 in an employment-based I-485 case due to a familial relationship requires careful preparation and attention to detail. By following these steps and consulting with legal professionals, you can increase the likelihood of a successful submission and a speedy resolution to your case.