As we assemble, you can help me with the stupid last minute questions~

[featherB 1]

From the instruction it seems that transcripts for the previous two years are optional. If you included them, why did you do so?

I just did it after seeing so many RFEs for tax-related stuff that I thought we might as well send three years' worth instead of one, in an attempt to avoid an RFE - at the time there seemed to be quite a few people getting RFE'd for the previous three years' transcripts despite that not being what the instructions ask for.

[Caladan 19]

2. Uh, the I-485 doesn't seem to require proof of relationship. Save the evidence (lease, joint bank account) for the interview?

[featherB 1]

2. Uh, the I-485 doesn't seem to require proof of relationship. Save the evidence (lease, joint bank account) for the interview?

Indeed... no proof of bona fide marriage required other than sending a copy of the marriage certificate! Like you say, save that stuff for the interview (if you end up having one).

[Caladan 19]

How totally bizarre. C.'s been doing most of the work on the grounds that it's his green card, not mine, and so I had just been making a little pile of evidence and just read the instructions myself now.

I'd been working on the assumption if they approve people without interviews or call others for fraud interview they must have something to go on. Maybe they do handwriting analysis.

The delay in the marriage certificate seems like it's going to push me over the July 30 deadline.

[rebeccajo 14]

In June 2006 the requirements for the I864 were modified. Under those modifications, only the most recent year 1040 or 1040A is required. Policy memos to AO's advised them NOT to seek further proof of income if the most recent year filing was sufficient.

Transcripts, as issued by the IRS, should be acceptable without attachments. Anyone with a decent working knowledge of business could assume the IRS would not issue a transcript unless the original return had included all the attachments.

HOWEVER, it appears there are clerks at USCIS who don't realize this and issue RFE's for I864 with IRS transcripts as evidence.

I would send the attachments if I had them. I wouldn't send more than one year of returns.

And no - you send no proof of relationship now. Despite whatever conjecture you read here about 'relationship validity' leading to an approval without an interview, the fact remains that most couples who are not interviewed are filing through an office with a heavy backlog and drew a lucky 'short straw'. Your thoroghly prepared filing has more to do with getting such an approval than the legitimacy of your relationship.

[Dr_LHA 3]

FYI the RFE issue for more than 1 year of tax returns seemed to occur mostly around the time that they made the change on the I-864 requirements. I guess some people at USCIS didn't "get the memo" so to speak.

These days I would say those RFEs are less common, and you're more likely to get an RFE of that type if your income is marginal.

Personnnally I only submitted my 2005 (as I submitted in 2006) tax return and got no RFE, but then again, I make way over the poverty level*!

*If anyone is confused I used my own income on the I-864, because at the time my USC wife was a student. I had worked in the USA for 7 years before applying for AOS.

Edited July 26, 2007 by Dr_LHA