RFIE I-485 to submit I-864 for EB2 (NIW)

[krit]

Hello, 

I just got RFIE from my I-485 petition. My I-140 was approved in category of EB2 (NIW). From my understanding, I don't think that I need to submit I-864, Affidavit of Support as I am a petitioner and NOT sponsored by my employer. Please let me know if someone could to suggest how to respond to this RFIE. 

Here are quote on quote messages from the RFIE; 

Based on the evidence submitted, an owner of the petitioning employer is related to I-140 beneficiary and owns 5% of more interest in the employing company. Submit a completed and signed form I-864, Affidavit of Support, for appropriate parties. Also, provide copies of the petitioner/sponsor’s most recent Federal income tax returns and all supporting tax documents (W-2, 1099, form 2555, and tax schedules). If you have submitted Form I-864, the version you submitted is no longer accepted. 

 

I really appreciate your help!! 

Thanks

[Attorney_15]

The RFE sounds like it is being issued by an officer who may be unfamiliar with the NIW category of I-140 Petitions. The beneficiary is also the petitioner of an NIW I-140, so by definition there is no company sponsoring the beneficiary that is owned by the beneficiary. One might want to clearly explain the nature of the NIW and why this I-864 requirement does not apply for approval of the I-485.