Response to RFIE

[ZeeA]

I had recently received an RFIE and it states

The joint sponsor must submit a federal incond tax return of the most recent year.

In response, my sponsor sent them their most updated 2016 1040 form with all schedules (he is self employed and owns businesses) to USCIS.

My sponsor did not submit W2 or 1099.

Is that okay? His income on line 12 is high above $3000K so i am assuming if USCIS looks at that, that should be strong enough proof he makes enough?

is W2 and 1099 a must?

[gunit123]

I had recently received an RFIE and it states

The joint sponsor must submit a federal incond tax return of the most recent year.

In response, my sponsor sent them their most updated 2016 1040 form with all schedules (he is self employed and owns businesses) to USCIS.

My sponsor did not submit W2 or 1099.

Is that okay? His income on line 12 is high above $3000K so i am assuming if USCIS looks at that, that should be strong enough proof he makes enough?

is W2 and 1099 a must?

yes w2 is needed.

[ZeeA]

Are you sure? Even if you are self employed?

[Pro9]

It depends if your sponsor self employed he/she can provide 1099
If the sponsor working for someone he/she can provide w2

Bottom line

Form 1099 for self employed and independent contractor
Form w2 for employees

[inadmissible]

I-864 instructions state

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

If you selected Part 6., Item Number 1.b. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

[Pro9]

I-864 instructions state

The instructions stated 1099 and w2

you will receive one of those forms by the end of each year for tax purposes
As i said if you were self employed you will automatically receive 1099
And if you were employee u will automatically receive w2
And if you were both you will receive the both forms by the end of the year

[inadmissible]

Not all self-employed persons get 1099's, think of traders and dealers. The instructions state to include all W-2's and 1099's, but if he doesn't have any, I guess its fine not to furnish any

[ZeeA]

I-864 instructions state

Thanks for this. I guess I will be fine because I submitted 1040 form with all the schedules.

[Americaussie]

Get a Tax Transcript

We also got a tax-related RFIE. Ours requested "all supporting tax documentation," which I found unnecessarily ambiguous, but luckily, there's a solution. If you or your joint sponsor are not sure whether something is needed, just cover your backs by submitting a Tax Transcript (different than a 1040 / 1099). You can have one mailed to you / joint sponsor (free, comes in about 10 days), or you can make an appointment at your local tax office and get one in person. The transcript has reference to every relevant tax document submitted by the filer. Even though, when submitting a transcript, the instructions state (as someone posted below) not to include the individual other docs (W2, etc.), we sent everything along in the packet anyway, thinking it couldn't hurt. EAD approval notice was dated 22 days after they received our response to the RFIE! So I guess no harm no foul.

Note: pay the extra $25 and send your response via priority mail to the corresponding address (NOT the P.O. Box, and also not the same address to which you sent your initial applications). I did some digging when it was relevant and recall that most people who didn't end up waiting another 90 days were the ones who responded via priority mail / UPS.

Information on how to get the transcript here: https://www.irs.gov/newsroom/request...ear-tax-return