I-485: what is necessary to include?

[Rocio0010 5,579]

24 minutes ago, Dashinka said:

well.  Not sure why some don’t understand IRS transcripts OR copies of returns along with W2’s/1099’s, not a mixture of both.

Because a)people tend to think that more is better, and b) people don’t read instructions thoroughly.

[Mike E 11,739]

@LJVotolato

>> 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?

 

A tax transcript is best.  If that hasn’t posted to you online irs account then the complete tex return is needed. Everything you sent the irs in just g the 1040, the W-2s, the 1099s, and every other form.  

 

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

 

I included 3 years of tax returns. Tax transcripts actually. 

 

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

 

3 months of pay stubs should be included.  I also included an employment verification letter. 

 

 

>> 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?

 

The only mandatory thing to show valid marriage is the marriage certificate.  I dare say few I-485s get approved with just that.  Photos, emails, texts, boarding passes, travel reservations, statements from joint financial accounts, statements from joint utility bills, both names on health insurance cards, listing each other as beneficiary ( insurance, 401k, IRA) leases with both names, evidence of living at same home (mail items addressed to each or both spouses to the  same address), drivers licenses showing the same address, etc are additional pieces of evidence that can speed up approval and avoid RFEs.  

 

And tax returns (tax transcripts preferred) since the year of marriage showing joint filing are useful too.   

 

Edited December 29, 2021 by Mike E

[Marieke H 2,496]

16 hours 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...

My AOS was approved a few years ago, and I can confirm that @powerpuff's advice is spot on. I did not include any evidence of our marriage other than our marriage certificate, because we did not have anything else yet. I brought a few things (statement of our newly opened joint bank account with not much action yet, joint health insurance policy through my new employer) to the interview. The officer was very understanding that we were just starting our married life and did not have much evidence of financial comingling yet.

 

Regarding tax returns/transcripts, you are only required to include the most recent tax year (but you provide income for the past 3 years on the I-864), as per the form instructions. If you believe including the other 2 years of returns will help, send those too. We only included the most recent year's transcript, partly because my husband did not want to share more than needed with "the government" (🤷‍♀️), and partly because his income for those previous years did not meet the income requirements anyway.

 

I highly recommend downloading the form instructions for the I-485 and the I-864, and to study them thoroughly. They list exactly what is required and what is suggested.

Edited December 29, 2021 by Marieke H
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