Change to AOS tips page

[VanessaTony 3,567]

It was pointed out that here: http://www.visajourney.com/content/k1aos there are a couple of errors.

It mentions that the employment letter and 3 years of tax returns are required supporting documentation for AOS when they're not.

I don't think this page is really required anymore but if it is I think the changes should be made, as the rest of the AOS pages don't mention it.

[Barbara J 115]

Well those things were never mentioned in our petition this year Vanessa at all tax returns and so on only for AOS So yeah there are a few mistakes there. Oh and the employment letter was only for my interview in OZ

Edited November 28, 2010 by barbarajlw

[Harpa Timsah 13,258]

It says on the I-864 instruction and download home page that proof of current employment IS required. Usually, as I understand it, this proof is shown as a letter from your employer or 6 months of paystubs.

It says:

"All sponsors must submit the following documentation with their I-864:

Proof of current employment or self employment"

Here is the link:

http://www.uscis.gov/i-864

I would like to clarify this for my own knowledge. As I understand it, a K-1 AOS also needs the 864 like everyone else, so I don't see why it is not required. I also know the instructions for the 864 itself are misleading, but I think that this homepage from USCIS clearly indicates that proof of current employment is required. Although, this proof doesn't necessarily have to be in the form of an employment letter. Please explain if I am missing something here.

Thanks.

[VanessaTony 3,567]

It says on the I-864 instruction and download home page that proof of current employment IS required. Usually, as I understand it, this proof is shown as a letter from your employer or 6 months of paystubs.

It says:

"All sponsors must submit the following documentation with their I-864:

Proof of current employment or self employment"

Here is the link:

http://www.uscis.gov/i-864

I would like to clarify this for my own knowledge. As I understand it, a K-1 AOS also needs the 864 like everyone else, so I don't see why it is not required. I also know the instructions for the 864 itself are misleading, but I think that this homepage from USCIS clearly indicates that proof of current employment is required. Although, this proof doesn't necessarily have to be in the form of an employment letter. Please explain if I am missing something here.

Thanks.

All I know is we submitted tax transcripts, that's it. No employment letter and were approved in slightly less than 3 months without RFE. The special instructions i think need to be updated because NOWHERE on the instructions themselves does it mention that proof of current employment is required (except if using the immigrants income).

Here: http://www.uscis.gov/files/form/i-864instr.pdf The checklist on page 11 doesn't mention a letter of employment as a requirement but something you "can" attach if you need to prove your current income (if your tax return is less than the requirements).

I also know that for the interview they have the letter from employer listed on the requirements... so maybe it's to deter people from wasting their time if they're not actually employed?

So looks like for the I-864 itself, not required if your tax returns meet the requirements BUT if you get an interview (not all K1's do) then you'll need the letter from employer for the interview.

[K and L 27]

I would like to clarify this for my own knowledge. As I understand it, a K-1 AOS also needs the 864 like everyone else, so I don't see why it is not required. I also know the instructions for the 864 itself are misleading, but I think that this homepage from USCIS clearly indicates that proof of current employment is required. Although, this proof doesn't necessarily have to be in the form of an employment letter. Please explain if I am missing something here.

The I-864 explicitly does not require proof of current employment.

From the instructions (page 7, part 6, section 23), bolding theirs.

You may include evidence supporting your claim about your

expected income for the current year if you believe that

submitting this evidence will help you establish ability to

maintain sufficient income. You are not required to submit

this evidence, however, unless specifically instructed to do

so by a Government official. For example, you may include

a recent letter from your employer, showing your employer's

address and telephone number, and indicating your annual

salary. You may also provide pay stub(s) showing your

income for the previous six months. If your claimed income

includes alimony, child support, dividend or interest income,

or income from any other source, you may also include

evidence of that income.

Some people believe that by providing information about current employment, they will eliminate a potential future RFE -- especially if they're in a situation where they failed to make the limit in the previous tax year and have already rectified that issue (new job, promotion, etc).

HOWEVER: sending the most recent federal income tax filing information IS explicitly required by the I-865 (page 8, part 6, section 25).

25. Federal Income Tax Information.

You must provide either an IRS transcript or a photocopy

from your own records of your Federal individual income tax

return for the most recent tax year. If you believe additional

returns may help you to establish your ability to maintain

sufficient income, you may submit transcripts or photocopies

of your Federal individual income tax returns for the three

most recent years.

As Vanessa mentioned, this is corroborated by the checklist that precedes the part of the form you actually fill out (pg 11):

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement

and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,

Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax

years, pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these

items will help you qualify

The tl;dr take home message: Send the most recent tax year (so someone filing now would use their 2009 tax return), and if USCIS wants more, they will let you know. Have it ready (including bringing it to the interview, if you're interviewed). If they RFE you for it, mail it in with a photocopy of the RFE. If they ask you for it at the interview, provide it.

Edited November 29, 2010 by K and L

[Harpa Timsah 13,258]

I think we can all agree that the instructions in various areas contradict eachother. While the download homepage is not the form itself, it does clearly state (in the form of a last-minute checklist reminder) that all sponsors must submit proof of current employment. Vanessa, I wonder if the rules have become more strict from when you applied? There was a K-1 filer recently who got an RFE for proof of current employment even though their job was the same for the past few years.

There is clearly a contradiction here... Does anyone have an explanation as to why?

Cheers. (Sorry to Hijack your thread Vanessa )

[K and L 27]

There is no contradiction within the I864. "May" is not the same as "must". It is not a requirement to send current employment, until and unless an IO asks for it.

Case in point: my husband's AOS was VERY recently approved. I (the USC spouse and sole I864 sponsor) did not submit proof of current employment -- no statement from my manager/HR, no payroll checks, no copies of miscellaneous benefits. I ONLY submitted my tax transcript from 2009 - what was required and nothing more. We did not receive a RFE for the 864.

Edited November 29, 2010 by K and L

[Harpa Timsah 13,258]

Thanks, good to know. I know what may and must mean. I acknowledge what you quoted said may. Please acknowledge what I quoted said must. They are both instructions from uscis regarding the 864. This is the contradiction. But your recent approval without employment letter sounds good to me. Thanks.

Edited November 29, 2010 by Harpa Timsah

[Captain Ewok 1,891]

I will take a look and fix any inconsistencies. Thanks for the heads up!!

[VanessaTony 3,567]

I think we can all agree that the instructions in various areas contradict eachother. While the download homepage is not the form itself, it does clearly state (in the form of a last-minute checklist reminder) that all sponsors must submit proof of current employment. Vanessa, I wonder if the rules have become more strict from when you applied? There was a K-1 filer recently who got an RFE for proof of current employment even though their job was the same for the past few years.

There is clearly a contradiction here... Does anyone have an explanation as to why?

Cheers. (Sorry to Hijack your thread Vanessa )

Do you have a link to this persons thread? I suspect it wasn't solely the letter of employment that was the issue. Actually if working from memory I do recall a thread where someone was RFE'd for that, the issue WASN'T the lack of letter of employer, so much as the OP had written their I-864 based on CURRENT income and not on the information on the 2009 tax return. For that reason, the letter from employer (and paystubs) verifying the income amount is required.

You can (as my husband and I did) write exactly what your most recent tax return says down on your I-864. The info on the I-864 matches your tax return so no issue. You can also elect to use current income, this typically doesn't match the tax return so you must prove the current income by providing pay stubs and a letter from employer.

And no problem. Not a thread hijack at all. Healthy discussion