I-485: what is necessary to include?

[LJVotolato 13]

I'm applying for I-485 and have researched extensively over the past two months and am confused about whether these things are MANDATORY, SUGGESTED, or NOT NECESSARY. I'm getting confused because in the 10+ applications I've seen in YouTube, there doesn't seem to be a consistency on what files are included in this package. On the USCIS instructions, it doesn't mention anything about photos/boarding passes for evidence, W2s, pay stubs etc. for example, but some people have included those things.

 

1. For the affadavit of support:

a) is the 1040 sufficient for the most recent tax year or do you send in W2's as well?

b) is the most recent tax year sufficient (of 1040 and/or W2) or did you include the last 2-3 years?

c) are pay stubs mandatory, suggested, or not necessary at all?

 

2. I understand that for the interview, I will have to prove our relationship's validity, etc. but for this package, do I need to include photos, email exchanges, boarding passes, etc.? Are those things helpful or not necessary?

 

Thank you in advance!

 

 

[Allaboutwaiting 2,503]

1. For the affidavit of support, if you send tax returns you need to include W2's or you can just send the IRS tax transcript. In any case, send them for the years you've been married.

 

2. For the package you need to include documents that prove cohabitation and financial commingling, so anything including both of your names will be helpful.

[LJVotolato 13]

Thanks. 

3 minutes ago, Allaboutwaiting said:

1. For the affidavit of support, if you send tax returns you need to include W2's or you can just send the IRS tax transcript. In any case, send them for the years you've been married.

 

2. For the package you need to include documents that prove cohabitation and financial commingling, so anything including both of your names will be helpful.

Thanks for your response. For #2 though, it doesn't have that ANYWHERE in the instructions for 485. So crazy! Where did you obtain this information? From other successful applicants?

[Allaboutwaiting 2,503]

Just now, LJVotolato said:

Thanks. 

Thanks for your response. For #2 though, it doesn't have that ANYWHERE in the instructions for 485. So crazy! Where did you obtain this information? From other successful applicants?

The guides here in the forum.

[powerpuff 6,744]

7 minutes ago, Allaboutwaiting said:

1. For the affidavit of support, if you send tax returns you need to include W2's or you can just send the IRS tax transcript. In any case, send them for the years you've been married.

 

2. For the package you need to include documents that prove cohabitation and financial commingling, so anything including both of your names will be helpful.

Not if they’re adjusting from K1. 
 

@LJVotolato are you adjusting from K1 visa?

Edited December 28, 2021 by powerpuff

[Dashinka 24,656]

Technically, if adjusting based on marriage, the instructions only require a certified copy of the marriage certificate as well as proof of termination of any previous marriages.  That being said, most people also include whatever evidence they have showing they are starting to commingle the marriage such as joint bills, joint insurance, etc.  Of course with a K1 AOS, there might not be a lot of that evidence ready for the filing, so keep gathering this material and if you have an interview take it there in case the IO wants to review it.

 

As to the I864, tax returns with the W2’s/1099’s OR copies of the IRS tax transcripts.

 

Good Luck!

[LJVotolato 13]

1 hour ago, powerpuff said:

Not if they’re adjusting from K1. 
 

@LJVotolato are you adjusting from K1 visa?

Yes, I'm adjusting from a K1 visa!

[powerpuff 6,744]

11 minutes ago, LJVotolato said:

Yes, I'm adjusting from a K1 visa!

Your relationship was already vetted at the consulate stage. As a result, all you need to include is a copy of your marriage certificate. You bring all the evidence (financial commingling, tickets from trips, etc.) to your interview.  Now if you were adjusting from a tourist or student visa, USCIS wants to see more since they don’t know anything about whether or not your relationship is genuine. 
 

now onto the rest of the questions:

 

First and foremost, the best thing you can do for yourself if you want to succeed in your immigration journey is to stop listening/relying/extracting information from YouTube videos. Seriously. It is the worst.

 

Financial documents are not for I-485, but I-864. Look up the instructions for that form on USCIS.

2 hours ago, LJVotolato said:

a) is the 1040 sufficient for the most recent tax year or do you send in W2's as well?

it’s either 1040 + W2s OR tax transcripts. Tax transcripts are easier and better, I personally included those. 
 

2 hours ago, LJVotolato said:

b) is the most recent tax year sufficient (of 1040 and/or W2) or did you include the last 2-3 years?

Most recent tax year is mandatory, the years previous are optional (this is on I-864 instructions). We included last year only.

 

2 hours ago, LJVotolato said:

c) are pay stubs mandatory, suggested, or not necessary at all?

Strongly suggested, along with an employment letter. Some people say this is not necessary at all, but we have seen many people lately getting RFEs for insufficient financial evidence. I really think it’s worth including to avoid that, considering all you have to do it hit print/email HR to ask for an employment letter showing the salary and include this in the package.  Per I-864 instructions, it’s 6 months of pay stubs.

 

Good luck with the process! 

[LJVotolato 13]

5 minutes ago, powerpuff said:

Your relationship was already vetted at the consulate stage. As a result, all you need to include is a copy of your marriage certificate. You bring all the evidence (financial commingling, tickets from trips, etc.) to your interview.  Now if you were adjusting from a tourist or student visa, USCIS wants to see more since they don’t know anything about whether or not your relationship is genuine. 
 

now onto the rest of the questions:

 

First and foremost, the best thing you can do for yourself if you want to succeed in your immigration journey is to stop listening/relying/extracting information from YouTube videos. Seriously. It is the worst.

 

Financial documents are not for I-485, but I-864. Look up the instructions for that form on USCIS.

it’s either 1040 + W2s OR tax transcripts. Tax transcripts are easier and better, I personally included those. 
 

Most recent tax year is mandatory, the years previous are optional (this is on I-864 instructions). We included last year only.

 

Strongly suggested, along with an employment letter. Some people say this is not necessary at all, but we have seen many people lately getting RFEs for insufficient financial evidence. I really think it’s worth including to avoid that, considering all you have to do it hit print/email HR to ask for an employment letter showing the salary and include this in the package.  Per I-864 instructions, it’s 6 months of pay stubs.

 

Good luck with the process! 

This is very helpful. Thank you! I see that you're AOS is pending. Have you received a RFE or has it been just silent on your end? I was hoping to get responses people with approved AOS...

[Nat&Amy 623]

12 minutes ago, LJVotolato said:

This is very helpful. Thank you! I see that you're AOS is pending. Have you received a RFE or has it been just silent on your end? I was hoping to get responses people with approved AOS...

I also adjusted status from K1 and sent quality evidence of relationship with my petition. Approved with no RFE. Sure, they only ask for marriage certificate, but sending evidence with it hurts no one. 

[LJVotolato 13]

2 minutes ago, Nat&Amy said:

I also adjusted status from K1 and sent quality evidence of relationship with my petition. Approved with no RFE. Sure, they only ask for marriage certificate, but sending evidence with it hurts no one. 

Thanks! My fear is based on people seemingly getting RFEs because they submitted TOO much stuff (complicated for the reviewer).

 

What types of evidence did you send? (photos, email exchanges?)

 

Also, when did you have this done? I'm also in California. . . I hear it's taking 6-8 months!

[Rocio0010 5,580]

2 hours ago, LJVotolato said:

a) is the 1040 sufficient for the most recent tax year or do you send in W2's as well?

Your best bet is to create an IRS account if you don't have one, and download the tax return transcript. As per i-864 instructions, if you submit the IRS return transcripts, you don't need to submit W2s or 1040s.

2 hours ago, LJVotolato said:

b) is the most recent tax year sufficient (of 1040 and/or W2) or did you include the last 2-3 years?

If your income level was above the poverty guidelines, then definitely include the last 2-3 years.

2 hours ago, LJVotolato said:

c) are pay stubs mandatory, suggested, or not necessary at all?

Pay stubs are not mandatory but strongly suggested if you want to avoid a RFE.

 

My AOS is approved and I am actually getting ready for the next step (Removal of conditions). I ended up with a RFE for the i-864. I don't want to confuse you, but it was because I originally had sent the tax ACCOUNT transcript instead of the tax RETURN transcript. So, long story short, I did my review and asked in here what all I needed to send and what not. 

Also, not mandatory but STRONGLY suggested is to include an employment verification letter. 

2 hours ago, LJVotolato said:

but for this package, do I need to include photos, email exchanges, boarding passes, etc.? Are those things helpful or not necessary?

I see you're adjusting from a K1, so I assume it's hard for you to find substantial documentation that proves the bona fide of your relationship. And with substantial I mean joint bank accounts, joint tax returns, etc. 

 

I adjusted from an F1 visa, so for us it was a little bit easier because we had a joint account, lease, etc. When we submitted our package, we just sent the marriage certificate, some bank statements, leases, and I think (but don't remember, honestly) 2-3 pictures. 

Our interview was scheduled to be right when COVID hit (March 2020), and all the offices started shutting down. They cancelled my interview, but they requested that I sent the evidence I was going to show them (I was saving it for the interview). I know of one case that frontloaded their package with evidence, and their interview got waived without request for evidence. So if I were you, I would include the pictures and the boarding passes. I wouldn't include email exchanges because those can be easily forfeited.

 

So sorry for the long wall text, but I just wanted to give you some context. Good luck! And also, once you submit your package, continue to gather evidence for your interview. Once you have your interview and are approved, continue to gather evidence for ROC. Oh and make a copy of the whole package before you mail it out and keep it for your own records.

[Rocio0010 5,580]

33 minutes ago, powerpuff said:

Strongly suggested, along with an employment letter. Some people say this is not necessary at all, but we have seen many people lately getting RFEs for insufficient financial evidence. I really think it’s worth including to avoid that, considering all you have to do it hit print/email HR to ask for an employment letter showing the salary and include this in the package.  Per I-864 instructions, it’s 6 months of pay stubs.

Yep. For some reason, people are sending IRS tax returns with W2s, when the instructions say not to do so. And they get RFE for sending documents that they shouldn't. Conversely, people are not sending pay stubs or employment verification letters.

[Rocio0010 5,580]

3 hours ago, Allaboutwaiting said:

In any case, send them for the years you've been married.

It's actually for the last three years, regardless of marital status.

[powerpuff 6,744]

1 hour ago, LJVotolato said:

This is very helpful. Thank you! I see that you're AOS is pending. Have you received a RFE or has it been just silent on your end? I was hoping to get responses people with approved AOS...

You don’t have to take my advice if you’re only looking for people with approved AOS’s.

 

49 minutes ago, LJVotolato said:

I'm also in California. . . I hear it's taking 6-8 months!

There are 8 or 9 field offices in California.. each has its own processing estimate.