RFE on Green Card Application i485

[nid_dental]

Hi everyone,

Hope you are doing well in these tough times.

My husband sponsored me for Green Card about a month ago. Last week, we received a RFE on our i485 application. The RFE says(word to word):

1) The petitioning sponsor XYX, on Form I-864EZ, Affidavit of Support, must submit a complete Federal income tax return submitted to the Internal Revenue Service(IRS) for the most recent tax year. If you submit a transcript, it must be a "Tax Return Transcript" from the IRS.

2) The petitioning sponsor, XYZ, on Form I-864EZ, Affidavit of Support, must submit W-2s and/or 1099-Rs submitted to the Internal Revenue Service for the most recent tax year.

If the petitioning's income cannot be documented on Form W-2 or 1099Rs, the petitioning sponsor cannot submit Form I-864EZ to satisfy the Affidavit of Support requirement.

In order to process your application further, you will need to:

1) Submit a completed and signed Form I-864, Affidavit of Support from the petitioning sponsor.
2) Provide the petitioning sponsor's SSN on Form I-864.
3) Provide a complete and correctly calculated household size.....
and so on.

As mentioned here, my husband has collected the required W2, tax summary and pay stubs.


What I don't understand is do we need to fill i864 too? even though we filled in i864ez in the original application and are able to produce the required tax and income documents as per the requirement. We do not have any joint sponsor. Please advice.

Thanks

[verbose]

I-864EZ is the simplified version of I-864 that can be used if the sponsor meets certain conditions as per the instructions.

Even if eligible to use EZ, he can submit 864 if he likes.

So, it’s either-or, not both.