Need a new Affadavit of Support for 2018?

[emariep 0]

Hi all,

We filed AOS in July of 2018 and with that I included the I-864, affadavit of support. That included my 2017 (at that time, the most recent) tax return.

We have our AOS interview next week; do I need to bring a new I-864 from the "most recent tax year" that includes the 2018 return? We filed jointly that year.

Thanks!

[arken 4,197]

I suggest bring it whether they ask for it or not.

[K1visaHopeful 2,814]

That would be wise. 

Collect your most recent financial documents to back up the reported income also.

[cardia 146]

4 hours ago, emariep said:

Hi all,

We filed AOS in July of 2018 and with that I included the I-864, affadavit of support. That included my 2017 (at that time, the most recent) tax return.

We have our AOS interview next week; do I need to bring a new I-864 from the "most recent tax year" that includes the 2018 return? We filed jointly that year.

Thanks!

I wouldn’t fill out a whole new I-864. My interview notice mentions that you don’t need to bring an I-864 and its supporting evidence if you’ve already submitted it, but please double check that your notice does indeed say that. Our lawyer did have us bring updated supporting evidence (i.e. most recent tax return, last three pay stubs) but the IO never asked for them.

[Pitaya 2,577]

6 hours ago, cardia said:

I wouldn’t fill out a whole new I-864. My interview notice mentions that you don’t need to bring an I-864 and its supporting evidence if you’ve already submitted it, but please double check that your notice does indeed say that. Our lawyer did have us bring updated supporting evidence (i.e. most recent tax return, last three pay stubs) but the IO never asked for them.

Lawyer or no lawyer it is prudent to submit the most current information that you can. The presenting of stale or dated information is an area ripe for an RFE by an IO at the interview, and that could result in an avoidable delay in your AOS processing. 👍 

[cardia 146]

13 minutes ago, Pitaya said:

Lawyer or no lawyer it is prudent to submit the most current information that you can. The presenting of stale or dated information is an area ripe for an RFE by an IO at the interview, and that could result in an avoidable delay in your AOS processing. 👍 

Agreed, definitely bring updated evidence! would’ve brought updated financial evidence anyway to the interview even without the advice of my lawyer, just in case. I don’t know if that goes for submitted forms, though, I’ve only ever seen advice to bring copies of your original packet, which is why I think OP doesn’t necessarily need to bring an updated I-864.

[Pitaya 2,577]

2 hours ago, cardia said:

Agreed, definitely bring updated evidence! would’ve brought updated financial evidence anyway to the interview even without the advice of my lawyer, just in case. I don’t know if that goes for submitted forms, though, I’ve only ever seen advice to bring copies of your original packet, which is why I think OP doesn’t necessarily need to bring an updated I-864.

At the AOS interview the IO can (and often do) ask for any evidence/documentation related to your immigration process to date. It could be documentation from the initial I-129F petition to the visa interview, to past and/or current financials. So, it behooves folks to bring everything to the AOS interview. This is alluded to in the AOS interview appointment letter in the fourth statement down of what "you must bring to the interview with you: ...All documentation establishing your eligibility for Lawful Permanent Resident status."... (emphasis added) That is a pretty all inclusive statement of the depth and breadth of the types of latitude in the information requests that IOs can request at AOS interviews. If you don't have the information requested, there is always having to respond to RFEs that will delay you getting a GC even longer.

 

I daresay, most folks would agree that they have waited and endured long enough to get to the actual AOS interview. Besides, it they don't ask for it then, the financial scrutiny by USCIS involved later on in the ROC process could make this seem like a walk in the park.

 

Good luck on your immigration journey.

 

 

Edited December 5, 2019 by Pitaya