RFE Confusion

[Na-yeon 3]

Hello all,

 

So this is for my cousin who filed AOS for her mom who was already here on B1/B2 visa.

Please see the attached pictures. She filed with her husband as a joint sponsor. So he filled out a form I-864 same as her. Should she have put her husband down as a household member instead?

The evidence she submitted was their joint tax return of previous years.

 

We are just confused as to what she should be submitting now and if using her husband as joint sponsor was the first mistake.

So I guess my question is, in response to this RFE, what should she send to USCIS?

 

Thank you all for your help in advance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[beloved_dingo 1,976]

15 minutes ago, Na-yeon said:

Hello all,

 

So this is for my cousin who filed AOS for her mom who was already here on B1/B2 visa.

Please see the attached pictures. She filed with her husband as a joint sponsor. So he filled out a form I-864 same as her. Should she have put her husband down as a household member instead?

The evidence she submitted was their joint tax return of previous years.

 

We are just confused as to what she should be submitting now and if using her husband as joint sponsor was the first mistake.

So I guess my question is, in response to this RFE, what should she send to USCIS?

 

Thank you all for your help in advance.

 

A couple of things:

1. When you say "She filed with her husband as a joint sponsor". Who is "she"? Your cousin (and her husband)? Since your cousin filed the AOS she is the primary sponsor. If your cousin is married, her spouse should be counted as part of the household size. I defer to other members more knowledgable than me to address the "husband is a joint sponsor" aspect of this.
2. If submitting tax returns, ALL pages and ALL schedules (W-2s, 1099s, etc) must be included. The way the RFE is worded makes it sound like the schedules were left out. It is easier to submit tax transcripts that are downloaded directly from the IRS. USCIS also prefers this. 

[Na-yeon 3]

15 minutes ago, beloved_dingo said:

A couple of things:

1. When you say "She filed with her husband as a joint sponsor". Who is "she"? Your cousin (and her husband)? Since your cousin filed the AOS she is the primary sponsor. If your cousin is married, her spouse should be counted as part of the household size. I defer to other members more knowledgable than me to address the "husband is a joint sponsor" aspect of this.
2. If submitting tax returns, ALL pages and ALL schedules (W-2s, 1099s, etc) must be included. The way the RFE is worded makes it sound like the schedules were left out. It is easier to submit tax transcripts that are downloaded directly from the IRS. USCIS also prefers this. 

Yes, she being the said cousin. And yes, she is married.

So now she submits all pages and schedules and a new form I864? Doe she need to write a letter explaining anything?

Edited January 24, 2023 by Na-yeon

[Chancy 6,241]

29 minutes ago, Na-yeon said:

She filed with her husband as a joint sponsor. So he filled out a form I-864 same as her. Should she have put her husband down as a household member instead?

 

Yes.  Submit I-864 from cousin, listing husband as household member in part 6.  Also submit I-864A, signed by cousin as petitioning sponsor, and by cousin's husband as household member.

 

[Timona 4,207]

Either:

 

1. Submit IRS Tax Transcript OR

2. IRS Tax Returns + All W2s

 

You cannot mix and match 1 and 2 above. 

 

The head of house/ whose name appears first on the IRS Transcript should sign I-864.

 

The one whose name is partial should file and sign I-864A. This person should be counted on household size as your cousin and husband live together. 

[Na-yeon 3]

14 minutes ago, Timona said:

The head of house/ whose name appears first on the IRS Transcript should sign I-864.

 

The one whose name is partial should file and sign I-864A. This person should be counted on household size as your cousin and husband live together. 

Even if they are not the petitioner?

[Chancy 6,241]

13 minutes ago, Timona said:

The head of house/ whose name appears first on the IRS Transcript should sign I-864.

 

The one whose name is partial should file and sign I-864A. This person should be counted on household size as your cousin and husband live together. 

2 minutes ago, Na-yeon said:

Even if they are not the petitioner?

 

It does NOT depend on whose name appears first on the IRS transcript.  It doesn't matter even if the petitioner makes $0 income.  It doesn't matter even if the sponsor's household member is the "head of house".  It is the petitioning sponsor who must sign the I-864, even if their name appears last on the IRS transcript.

 

[Na-yeon 3]

28 minutes ago, Chancy said:

 

It does NOT depend on whose name appears first on the IRS transcript.  It doesn't matter even if the petitioner makes $0 income.  It doesn't matter even if the sponsor's household member is the "head of house".  It is the petitioning sponsor who must sign the I-864, even if their name appears last on the IRS transcript.

 

Gotcha. Thank you!