I864 RFE received for EB1

Hi Anil,

Our application is employment-based, EB1c.

We filed our I485s with our I944s in the spring. The majority owner of the company is my husband’s father who is Canadian and lives in Canada and my husband also owns a percentage of the company and is President in the USA.

We have received an RFE for an I864 and I can not for the life of me figure out how to complete it, since I thought it would not be applicable.

Could this be an error? Or would we be self-petitioning? Thank you for any insight.

I cannot really help if i cannot share the RFE details.

In Question of the I485 application it asks if the person who filled out your I-140 is a relative, which it is, his father and then in 9c we answered none of the above to US citizen, national or permanent resident. They want a completed I864 for the US citizen, lawful perm resident or US national the competed the visa petition or such relative that has a significant ownership or interest (5% or more) in the entity that filed the petition. Also provide the petitioners most recent federal tax returns and all supporting tax documents (W2s, 1099s, form 2555 and tax schedules).

But his father is Canadian and lives in Canada. The company is a corporation and files its own taxes. We are struggling with how to complete the form. Thank you!

Its better to hire an attorney if you are struggling.