I-864 Evidence

[Doug B 0]

Regarding the I-864 Affadavit of Support for a K-1 Adjustment of Status,

should three years of tax returns and copies of recent paystubs be sufficient?

Or is another updated letter from my employer needed as well?

I'm relying on above-poverty level income only to qualify.

Thanks,

Doug B

[VanessaTony 3,567]

Another updated letter from your employer will most likely be required as it's been a while since you submitted the last letter (and things can change) and also a while since you filed taxes. It certainly can't hurt

[Richie Rich 70]

The current tax year (2010) and two previous years (2009, 2008) , updated employment letter, 1 month of pay stubs , and any current promotions/pay raise letters are required to accompany yr I-864 as evidence .

[VanessaTony 3,567]

The current tax year (2010) and two previous years (2009, 2008) , updated employment letter, 1 month of pay stubs , and any current promotions/pay raise letters are required to accompany yr I-864 as evidence .

No. Two previous years returns are NOT required to be included. The income info from them yes, but not the actual returns. There is NO recommendation for pay stubs and how many, nor are the promotions/pay raise letters required.

The current employer letter is best though to prove you're still employed.

[baron555 934]

Another updated letter from your employer will most likely be required as it's been a while since you submitted the last letter (and things can change) and also a while since you filed taxes. It certainly can't hurt

I didn't update my employer letter because the more recent pay summaries showed the same employer.

[VanessaTony 3,567]

I didn't update my employer letter because the more recent pay summaries showed the same employer.

I'm happy it worked for you but if the OP's aim is no RFE's is better to err on the side of caution, especially seeing it's a simple thing to get.

I see you were AOS approved with no interview or RFE in 6 months (7 days shy of 6 months). I too was approved, without RFE or interview but in 2 1/2 months. I'm not saying that my way was better, and there are many factors involved such as time of filing and waiting period but you applied the same year as me (you filed in Jan 2010, I filed in April 2010) but I was approved before you (your GC was approved 21st July, mine was approved 1st July).. I could infer from that that something about my paperwork was just more streamlined and simple... but then I'm just guessing because I know one other person who filed around your time that was waiting a long time as well. The OP can take from that what they will but my personal opinion would be to do the new employer letter. Certainly doesn't hurt but CAN help.

Edited September 25, 2011 by Vanessa&Tony

[Nich-Nick 3,354]

Regarding the I-864 Affadavit of Support for a K-1 Adjustment of Status,

should three years of tax returns and copies of recent paystubs be sufficient?

Or is another updated letter from my employer needed as well?

I'm relying on above-poverty level income only to qualify.

Thanks,

Doug B

USCIS requires only the most recent tax return or transcript. If it is above 125% of the poverty level, that should be enough. If it's not or a year has passed since the I-864 was filed with the the I-485, they can ask for more evidence of employment/income. You have the option to submit other tax returns if you wish. Here's what they say about other proofs:

(2)

Job Letters and Proof of Income

. Pay stub(s) showing income for the most recent 6 months and letters from all current employers are no longer required as initial evidence. The applicant, however, may submit either or both of these items (1) in response to a request for additional evidence (

RFE

), or (2) with a Form I-864 if the applicant believes doing so would help establish that the sponsor meets the governing income/assets threshold. If submitted, letters from current employers should show dates of employment, the nature of the job, wages or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. It should be sufficient for the employer to say that the employment is of indefinite duration or words of similar effect. Promises of future employment are not required.

That's what they say, so it's your decision what you want to send beyond the 2010 tax info.

Edited September 25, 2011 by Nich-Nick

[baron555 934]

I'm happy it worked for you but if the OP's aim is no RFE's is better to err on the side of caution, especially seeing it's a simple thing to get.

I see you were AOS approved with no interview or RFE in 6 months (7 days shy of 6 months). I too was approved, without RFE or interview but in 2 1/2 months. I'm not saying that my way was better, and there are many factors involved such as time of filing and waiting period but you applied the same year as me (you filed in Jan 2010, I filed in April 2010) but I was approved before you (your GC was approved 21st July, mine was approved 1st July).. I could infer from that that something about my paperwork was just more streamlined and simple... but then I'm just guessing because I know one other person who filed around your time that was waiting a long time as well. The OP can take from that what they will but my personal opinion would be to do the new employer letter. Certainly doesn't hurt but CAN help.

I think I can say for certainty that your updated employer letter was not the reason you were approved so quickly. More like just luck of the processor.