RFE for I-864

[KMArmenta 7]

I got an RFE for not sending in my own I-864. I thought that since we have sponsors I did not have to send one myself.

the RFE says to submit my I-864 and to also provide copies of my "most recent Federal income tax returns and all supporting tax documents (w-2s, 1099s, Form 2555, and tax schedules)"

Would this be my 2014 transcript? Do I need to send my actual W-2s

Additionally,

Part 3 #1, do I put yes or no? My parents are the joint sponsors. My mother is the only one who filled out a I-864 though.

part 5 #3, do I put 1 here or 0 as he is both my husband and the person I am sponsoring?

part 6 #6.a, do I put his name here?

part 6 #13-14, I am going to include transcripts of my tax returns for the past 3 years just to be safe. should I check box 13, fill out 13.a,b,c, and check 14?

Part 9, do I just put N/A or None here as I prepared it myself?

[RnZ 4]

The petitioner (US Citizen) needs to fill I-864 even if you are using a joint sponsor.

So Yes you need to submit your I-864 and all the supporting documentation

Yes the latest transcripts will be from the tax year 2014 which you recently filed. They should be available from IRS website. You do not need to send the original W2. Just a copy of W2 is fine. I would recommend to send your last few (4 - 5) Pay stubs as well.

Part 3 #1, Just put Yes.

part 5 #3, Yes zero or blank is fine. The total would be 2 in part 5 #8

part 6 #6.a, If you are using income from your spouse then you should put his name there otherwise leave it blank (moreover, your spouse must be allowed to work in US legally if you decide to use his income)

part 6 #13-14, Yes. I did the same

Part 9, I left it blank. You can do the same or cross it out or write N/A. They won't even look at it. its redundant.

[KMArmenta 7]

If I include his income for part 6 #6.a then does he need to do a I-864a or can I check number 12?

[KayDeeCee 4,892]

No need for W-2s if you are using IRS tax return transcripts.

If you include the immigrant's income, they do not need an I-864A, but they need proof of the legal income and that it will continue from the same source once they become a permanent resident.

[KMArmenta 7]

He has DACA and is working with a work permit. There is no reason he wouldn't continue working after becoming a permanent resident.

[KayDeeCee 4,892]

He has DACA and is working with a work permit. There is no reason he wouldn't continue working after becoming a permanent resident.

Okay. You need to follow the form instructions though. They want proof.

From Page 6 > http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

c. If you included the income of the intending immigrant who is not your spouse, (he or she would be counted on

Item Number 1. of Part 5.), evidence that his or her income will continue from the current source after obtaining

lawful permanent resident status must be provided and the intending immigrant must provide evidence that he/she

is living in your residence. He or she does not need to complete Form I-864A, Contract Between Sponsor and

Household Member, unless he or she has an accompanying spouse or children.

[KMArmenta 7]

Would a letter from his employer count for proof that his income will continue?

[KayDeeCee 4,892]

Yes. Have the employer state the position is permanent.