I-864 Initial Evidence Request AOS

[Marty G 0]

My husband (beneficiary) and I recently filed AOS and completed the biometrics appointment last week. This week, we received a request for initial evidence for our I-864. When we filed, I sent in the I-864EZ (which I now know was a mistake). They want me to send in my W2, which I do not have, since my taxes filed in 2020 were from my job in China, where I worked for the last 5 years. I sent in my wage statement instead, which states that my employer doesn't give out W2s because it isn't a US employer. I naively thought it would still work. Oops. 

 

I am now back in the US and started a new job in August, and my income exceeds the I-864 requirements.

 

Now here's my question: 

 

When I submit the regular I-864 form, will it be enough evidence to submit my 2020 tax transcript (from the China job) pay stubs from the last 4 months, my contract showing my salary, and my W2 for this job (that I'll receive in December)? Or, should I send in all of those things AND have my mother be a joint sponsor? 

 

[aaron2020 11,651]

Current income is what matters.

 

Your income from China can not be used.  A former job is not connected to current income.  

File the I-864 with proof of your current income.  

 

Mom being a Joint Sponsor would be the way to go.  Easiest path.  

[Marty G 0]

1 hour ago, aaron2020 said:

Current income is what matters.

 

Your income from China can not be used.  A former job is not connected to current income.  

File the I-864 with proof of your current income.  

 

Mom being a Joint Sponsor would be the way to go.  Easiest path.  

Thanks for your answer! Since my income does exceed the requirement, do you think it would be overkill to also add my mom as a sponsor, or would it be more like insurance? 

 

The Request for Initial Evidence said that if we don't supply all the necessary evidence this time, our case could be denied, so I just want to be 1,000% sure, since I've already made one mistake. 

[Ryan H 3,812]

Moved from IR/1-CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

Edited November 23, 2021 by Ryan H

[pushbrk 12,862]

20 hours ago, Marty G said:

Thanks for your answer! Since my income does exceed the requirement, do you think it would be overkill to also add my mom as a sponsor, or would it be more like insurance? 

 

The Request for Initial Evidence said that if we don't supply all the necessary evidence this time, our case could be denied, so I just want to be 1,000% sure, since I've already made one mistake. 

Sounds like this is an Adjustment of Status case, not a visa case.  AOS is a confusing abbreviation, particularly if you use it in a visa forum, when adjusting status.  in context of a visa, AOS means affidavit of support.

 

Either way, submit a new, updated and corrected I-864 properly completed showing your current income properly.  Lack of a W2 will not be a problem.  You are not likely to receive a 2020 W2 until late January, but W2s are about the past, and you are going to qualify based on current income.  Probably no need for a joint sponsor since your interview will be stateside and you're already supporting your spouse.