I-864 and general AOS question

[fabulous02 1]

Hi,

We are just about ready to send in my AOS package, and I had the following questions:

1. For supporting documentation for I-864, I have my husband's tax transcripts for 2008, 2007 and 2006, copy of his 2009 W-2 and his recent six months pay stubs. Should I still try and get a letter from his employer? or are all these docs sufficient evidence. Has anyone not submitted the letter from employer and been ok?

2. Our household size is 2, and in the section where it asks for our annual household income, I have only mentioned my husband's income and not included mine even though I am on a valid H1B visa and working right now. I figured since my husband's income is sufficient for filing the affidavit of support, I can just mention his. Is this fine?

3. How do people generally submit the package? Do you put the I-130 and I-485 package (including the I-131, I-693, I-864 and I-765) in separate envelopes and then put everything in one big envelope that gets sent? Can I send the package USPS Priority mail?

Thank you guys and wish us luck

Edited February 21, 2010 by fabulous02

[Luckygoat 2]

Hi,

We are just about ready to send in my AOS package, and I had the following questions:

1. For supporting documentation for I-864, I have my husband's tax transcripts for 2008, 2007 and 2006, copy of his 2009 W-2 and his recent six months pay stubs. Should I still try and get a letter from his employer? or are all these docs sufficient evidence. Has anyone not submitted the letter from employer and been ok? A letter from employer isnt required. You should be fine with those doucments although it would be safer to wait for 2009 1040ez considering that most recent is required and the last 2 are optional.

2. Our household size is 2, and in the section where it asks for our annual household income, I have only mentioned my husband's income and not included mine even though I am on a valid H1B visa and working right now. I figured since my husband's income is sufficient for filing the affidavit of support, I can just mention his. Is this fine? Yes, this is perfectly fine

3. How do people generally submit the package? Do you put the I-130 and I-485 package (including the I-131, I-693, I-864 and I-765) in separate envelopes and then put everything in one big envelope that gets sent? Can I send the package USPS Priority mail? i had two seperate pockets in one large envelope. What I did was put the I130 firms and relevant documents together with one big rubberband (seperated docs with paper clips within the rubberband) and I did the same with the I-485 package including the I-131, I-693, I-864 and I-765 (seperate each form with paperclips). And mines was sent USPS priority mail.

Good luck I hope that helped

[fabulous02 1]

Thanks... that helps. However about your point about waiting for 2009 1040EZ, I understand that its not mandatory to send in tax return for 2009 since the due date is 15th April. Won't a 2009 W-2 be sufficient? I can't get the 1040EZ form without actually filing the tax return, correct?

[VanessaTony 3,567]

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a H1B visa**

[fabulous02 1]

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a H1B visa**

I am adjusting based on my marriage to a USC but I currently hold an H1B visa, so my post should remain in this forum. I don't know how to do that, so would appreciate if you can do it.

Edited February 21, 2010 by fabulous02

[Luckygoat 2]

** moving from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a H1B visa**

why the hell was this moved? It was quite relevant right where it was

Thanks... that helps. However about your point about waiting for 2009 1040EZ, I understand that its not mandatory to send in tax return for 2009 since the due date is 15th April. Won't a 2009 W-2 be sufficient? I can't get the 1040EZ form without actually filing the tax return, correct?

Ok I get what your saying I thought the deadline pasted already for 2009. I know nothing about tax but I am almost certain people were flocking to beat deadlines. IDK. Either way you should be good.

[Kathryn41 3,205]

Actually, this is the correct forum now. On VJ, the AOS from a family based visa forum means that you entered the US on a K-1 or a K-3 visa. If you are in the US on a work visa, a student visa or a visitor's visa and are adjusting your status on the basis of a marriage to a US citizen, this is the correct forum. As you entered the country on an H1B visa and were already in the US before you got married, you are adjusting from a work visa.

USCIS does treat the two different AOS situations differently, in that if your AOS from a work, student or visitor's visa is denied you have no right of appeal, whereas if you are adjusting from a K-1 or a K-3 (or the derivative K-2 and K-4) you can appeal the decision. Small differences but ones that make having the two separate forums useful.

Edited February 21, 2010 by Kathryn41

[John and Camie 39]

Thanks... that helps. However about your point about waiting for 2009 1040EZ, I understand that its not mandatory to send in tax return for 2009 since the due date is 15th April. Won't a 2009 W-2 be sufficient? I can't get the 1040EZ form without actually filing the tax return, correct?

I sent in a copy of my 2009 W-2 in addition to my 2008, 2007 and 2006 transcripts. It is my understanding that these are sufficient; they can always request that we bring our 2009 transcripts at the interview stage. I wasn't going to wait until I had my 2009 transcript in-hand to file AOS, and honestly, I don't think USCIS expects most people to, either.