I-485 Question About Proof of Foreign Employment

[ecuatorianos2018 41]

I'm currently getting the AOS packet organized for my wife with the new requirements after getting rejected for using the old forms. I'm confused about the requirements on the employment section. The instructions say to include the last five years of employment, both in and outside the United States. But there's this section in the instructions that has me confused.

 

"For applicants subject to the public charge ground of inadmissibility under INA section 212(a)(4) only, provide evidence for the last three years of employment such as federal income tax transcripts from the United States Internal Revenue Service (IRS) of the person’s IRS Form 1040, U.S. Individual Income Tax Return; or if not required to file federal income taxes the most recent IRS Form W-2, Wage and Tax Statement, if applicable."

 

This section is requiring proof of employment but I'm confused if that's just proof of employment in the US or also foreign as well. My wife had a job in Ecuador before coming to the US last year working on a short term construction project for a few months; just simple labor and bricklaying. She made very little money (only about $250). The problem is that she has no evidence of work and was paid in cash since that is how a lot of jobs are done in her country. What other evidence could be sent in? Should I even bother including this job on the form? She hasn't had any other job in the last five years due to being on a missionary/volunteer trip during that time. Has anyone else been in this situation or could offer some suggestions? 

[K1visaHopeful 2,757]

1 hour ago, ecuatorianos2018 said:

I'm currently getting the AOS packet organized for my wife with the new requirements after getting rejected for using the old forms. I'm confused about the requirements on the employment section. OF WHAT FORM? The instructions say to include the last five years of employment, both in and outside the United States. I485??? I944??? But there's this section in the instructions that has me confused.

This seems to be from I864 instructions????

"For applicants subject to the public charge ground of inadmissibility under INA section 212(a)(4) only, provide evidence for the last three years of employment such as federal income tax transcripts from the United States Internal Revenue Service (IRS) of the person’s IRS Form 1040, U.S. Individual Income Tax Return; or if not required to file federal income taxes the most recent IRS Form W-2, Wage and Tax Statement, if applicable."

 

This section is requiring proof of employment but I'm confused if that's just proof of employment in the US or also foreign as well. My wife had a job in Ecuador before coming to the US last year working on a short term construction project for a few months; just simple labor and bricklaying. She made very little money (only about $250). The problem is that she has no evidence of work and was paid in cash since that is how a lot of jobs are done in her country. What other evidence could be sent in? Should I even bother including this job on the form? She hasn't had any other job in the last five years due to being on a missionary/volunteer trip during that time. Has anyone else been in this situation or could offer some suggestions? 

Sounds like you are confusing two different forms but I cant really tell which form and which form instructions you are talking about as you do know there are 5 very different forms to fill out and 5 different instructions to read

You understand that the form instructions for one form help you with that form only and no other form right?

 

Clarify your questions.

[ecuatorianos2018 41]

1 hour ago, K1visaHopeful said:

Sounds like you are confusing two different forms but I cant really tell which form and which form instructions you are talking about as you do know there are 5 very different forms to fill out and 5 different instructions to read

You understand that the form instructions for one form help you with that form only and no other form right?

 

Clarify your questions.

Sorry, I'm talking about the form I-485 and that quote is from the I-485 instructions on page 7. I understand the difference between between the other forms and their instructions. This is the current 10/15/19 edition of form I-485 and I compared it to the outdated I-485 instructions dated 7/15/19 and while it still asked for five years of employment, that requirement of the immigrant specifically providing evidence of employment does not appear in the previous edition. This has got to be part of the new public charge rules which is why I'm so confused.

[K1visaHopeful 2,757]

What question on which form are you trying to answer?

[ecuatorianos2018 41]

42 minutes ago, K1visaHopeful said:

What question on which form are you trying to answer?

It's part 3 question 11 on the immigrant's employment history in form I-485. It's asking for employment history for the last five years. My problem isn't filling out the section. The problem is that in the new I-485 instructions it's now asking for evidence of employment, which it previously did not:

 

Quote

"For applicants subject to the public charge ground of inadmissibility under INA section 212(a)(4) only, provide evidence for the last three years of employment such as federal income tax transcripts from the United States Internal Revenue Service (IRS) of the person’s IRS Form 1040, U.S. Individual Income Tax Return; or if not required to file federal income taxes the most recent IRS Form W-2, Wage and Tax Statement, if applicable."

 

I don't know what evidence I can provide if I don't have what they're asking for.  

Edited April 4, 2020 by ecuatorianos2018
clarification

[ecuatorianos2018 41]

As clarification, we are adjusting from a K1 visa. My wife has never had a job in the US so has never filed taxes in the US nor has she received a W2. This is why I'm confused why the I-485 instructions are asking for this as evidence of employment for Part 3 question 11. 

[K1visaHopeful 2,757]

2 hours ago, ecuatorianos2018 said:

It's part 3 question 11 on the immigrant's employment history in form I-485. It's asking for employment history for the last five years. My problem isn't filling out the section. The problem is that in the new I-485 instructions it's now asking for evidence of employment, which it previously did not:

 

 

I don't know what evidence I can provide if I don't have what they're asking for.  

It says provide proof "if applicable".

It's not applicable to her.

 

Her listed 5 years of employment will prove she never worked in the US. Not within 5 years and definitely not within 3 years in which its asking for proof of filing taxes IF APPLICABLE.

Edited April 4, 2020 by K1visaHopeful

[ecuatorianos2018 41]

10 hours ago, K1visaHopeful said:

It says provide proof "if applicable".

It's not applicable to her.

 

Her listed 5 years of employment will prove she never worked in the US. Not within 5 years and definitely not within 3 years in which its asking for proof of filing taxes IF APPLICABLE.

Thank you. I was thinking the same but with all these new changes I’ve been so hung up on the wording and being worried of another rejection  by USCIS so it’s nice to know I was doing this right. This was the last thing I wanted to clarify before resubmitting. Thanks again!