I-864 Question

[scotty 0]

Hi, Am I right in saying you do not have to take another I-864 with you to the interview for AOS

Regards Scotty

[Ladylethal 12]

I've been meaning to ask that myself.

[maya62 7]

We took a new I-864 and a new employer letter with us, since our original I-864 was 11 months old and my employer letter was over a year old. We were not asked for either one. My feeling was that it would be better to be over-prepared than under-prepared. I believe I have read here on VJ of people being asked for updated versions of these items.

Good luck,

Maya

[rebeccajo 14]

Your I-485 is supposed to be adjudicated based upon on the I-864 accepted by USCIS at the time of your NOA1.

[scotty 0]

but reb does it not go out of date after 1year

[rebeccajo 14]

Let them ask for a new document if they feel they need it.

[Yodrak 7]

rebeccajo,

They are? And what do you mean by "accepted"? Accepted for processing is not the same thing as accepted as adequate for the adjustment.

The latter acceptance will occur when the adjudicating officer reviews the case. If that occurs in an interview situation, the officer will generally ask about any changes in circumstance and will mark up the I-864 to update it as may be necessary.

It is not unusual for an adjustment applicant to submit I-864s from both the Sponsor and a Joint Sponsor with the I-485 and then have the Joint Sponsor's I-864 returned at the interview because the Sponsor's financial situation has improved to the point where a Joint Sponsor is no longer required.

Yodrak

Your I-485 is supposed to be adjudicated based upon on the I-864 accepted by USCIS at the time of your NOA1.

[rebeccajo 14]

rebeccajo,

They are? And what do you mean by "accepted"? Accepted for processing is not the same thing as accepted as adequate for the adjustment.

The latter acceptance will occur when the adjudicating officer reviews the case. If that occurs in an interview situation, the officer will generally ask about any changes in circumstance and will mark up the I-864 to update it as may be necessary.

It is not unusual for an adjustment applicant to submit I-864s from both the Sponsor and a Joint Sponsor with the I-485 and then have the Joint Sponsor's I-864 returned at the interview because the Sponsor's financial situation has improved to the point where a Joint Sponsor is no longer required.

Yodrak

Your I-485 is supposed to be adjudicated based upon on the I-864 accepted by USCIS at the time of your NOA1.

Yodrak...

By 'accepted' I mean an I-485 that has cleared any procedure for an RFE. My apology if I was unclear on that.

Should the poverty guideline change after submission of an I-485, or other policy changes occur, USCIS policy is that adjudication is based upon the requirements in place at the time of filing.

True, the AO will ask if there are any changes in circumstance and will 'mark up' the I-485. I also note that our case was one wherein the co-sponsor's affidavit was returned to us at the interview.

I took Scotty's question to mean whether or not USCIS requires a new affidavit simply because of the passage of time, and thus my answers.

Becca

[Dr_LHA 3]

Your I-485 is supposed to be adjudicated based upon on the I-864 accepted by USCIS at the time of your NOA1.

Yeah, that's not true. I know someone who was refused AOS because their husband lost their job just before the AOS interview. If the AOS was purely based on if the person met the requirements at the time of NOA1, the AOS would have been approved.

[rebeccajo 14]

Your I-485 is supposed to be adjudicated based upon on the I-864 accepted by USCIS at the time of your NOA1.

Yeah, that's not true. I know someone who was refused AOS because their husband lost their job just before the AOS interview. If the AOS was purely based on if the person met the requirements at the time of NOA1, the AOS would have been approved.

Oooooooooooooooooooookay, I spoke too broadly. Mea culpa?

As I said, I based by answer upon how I understood the question - which is whether or not a new I-485 needs to be filed simply because of the passage of time.

[Ladylethal 12]

So in any case it's best to present the affidavit again at the interview? Awww #######, my father-in-law and my husband are getting tired of asking for employment letters.

[Dr_LHA 3]

As I said, I based by answer upon how I understood the question - which is whether or not a new I-485 needs to be filed simply because of the passage of time.

I don't think an updated I-864 is necessary unless your financial situation has significantly changed since filing for AOS, honestly. Although if its been more than 12 months since filing AOS its probably a good idea to have an updated one.

Edited December 21, 2006 by dr_lha

[Ladylethal 12]

It's not asked for in the interview letter? Btw, do they have an interview like the K1 where they explain what they want you to bring?

[Dr_LHA 3]

It's not asked for in the interview letter? Btw, do they have an interview like the K1 where they explain what they want you to bring?

I don't remember the interview letter asking for an updated I-864, but they do ask you to bring copies of everything you submitted. Yes, the interview letter tells you what to bring.

Edited December 21, 2006 by dr_lha

[Ladylethal 12]

Ah good, at least if I show up without a new affidavit I can tell them "look, you didn't ask for it".

I was going to bring the entire package anyway (copies).