I-864 Documentation

[ryna 132]

Hi everyone,

We're getting ready to file AOS from a K-1 and now have everything we need.

I was about to request bank letters and tax transcripts but thought about the ones I have from the visa interview (I-134) process. Those are dated in Sept/Oct 2010 (I can't remember the exact dates). Are those recent enough or should I just go ahead and get new ones? I know the tax transcripts are free and I haven't filed/can't file 2010 yet, so any new ones will cover the same years (2007-2009). I was wondering more about the bank letters and if those would be considered too old.

Thanks

[YuAndDan 153]

Bank letters are only needed if using balance on account as an asset.

In out case we used I-864EZ when adjusting status, this form uses INCOME only, (I-864EZ can be used if: NO Joint sponsor, NO Assets, One Immigrant)

I recycled Employer letter, and copies of pay-stubs, adding newer pay stubs, and attached copy of recently filed IRS return (1040+W2/1099), and recycled the transcripts used for I-134.

[ryna 132]

Bank letters are only needed if using balance on account as an asset.

In out case we used I-864EZ when adjusting status, this form uses INCOME only, (I-864EZ can be used if: NO Joint sponsor, NO Assets, One Immigrant)

I recycled Employer letter, and copies of pay-stubs, adding newer pay stubs, and attached copy of recently filed IRS return (1040+W2/1099), and recycled the transcripts used for I-134.

Thanks for reminding me of the employer letter! I can recycle that and now I have 4 months of paystubs to back it up. I accepted a new job the day before the visa interview and could only provide the employment offer letter as I had not actually worked/received a paycheck yet. That's why I had bank letters because my I-134 case was originally asset-based.

[Messybrownhair 251]

There are so many kinds of i-864! I am so confused

[YuAndDan 153]

There are so many kinds of i-864! I am so confused

Not too confusing

I-864 is the full one and can be used for Sponsor or Joint sponsors, is used in cases where assets are needed, and in cases where need joint psonsor, as well in cases where sponsoring more than 1 immigrant.

I-864EZ is the "Easy" version, is used for Income only, no joint, and single immigrant cases

I-864A is used in cases where a member of household will be adding their income to that of sponsor or joint sponsor who is using I-864.

I-864W is for waiver of needing I-864

I-864P is just a document showing what the poverty line is, not a form.

[Wayne and Claudia 40]

I agree with Dan...recent pay stubs (6 pay periods) should be plenty especially if its still with the same company. It just shows continued employment at a somewhat similar wage.

[SunDrop 59]

It should be noted that some recent AOS applicants are receiving RFEs for most recent taxes, even if they've provided 2009 returns or transcripts. I have recently received my interview letter and although I couldn't submit 2010 taxes when I filed the AOS, they want 2010 brought to interview. This is despite filing 6 months paystubs to most recent at time of filing (November 22nd). They're not asking for confirmation of continued employment beyond the filing date, however. Just wierd...

It's frustrating because I wanted to wait until we had my (K-2) daughter's EAD and had received her SSN to file, rather than waiting for a ITIN to be issued by filing a W-7 at the time of mailing the return.

But what USCIS want, USCIS get. lol

Edited February 8, 2011 by SunDrop

[ryna 132]

I might be able to get away with the 864EZ, after all.. Our case meets those requirements.

As far as income levels, if they only care that it is above the 125% poverty guidelines, then it shouldn't be a problem. I haven't filed my 2010 return yet but, if they want it at the interview, it will show substantially less than in the previous years but still above the 125% line by about $5K (I took off for 7 months in 2010.) Current income is not a problem with respect to those levels. I just hope that's not cutting it too close with last year's income because I know the 125% line is a minimum level.

I don't anticipate any problems but I am trying to avoid an RFE (as is everyone!) Part of me wants to send the minimum of what they should need since I currently far exceed their guidelines, and even met them over the course of 2010, but the other part of me wants to overwhelm them with evidence of financial support including current income, prior years (3 yr) income, assets, co-sponsor, etc. to cover every potential avenue so that there is less of a chance that they'll kick it back for the lower than normal 2010 income.