Questions about AOS packet

[LandPfromPA 5]

Hello all,

 

My wife and I are prepping her AOS package from our K1 visa. We are doing it a couple of years late so she's got an appointment to see the civil surgeon next week for her I-693 to get done again which we will send off with the I-485 package. Our questions are:

 

1. Current income - this is what I will be making this year, correct? I started a second part-time job last November, so I'm making about 20k more this year than last. The new job was on my taxes and I have a W2 for it since I started last year before the cut-off. So I can add that and my main job together? I hit the cut-off either way for last year by 6k for our family of 3, so I'm not worried about a co-sponsor either way, this just shows I can extra support her, right? 

2. I should send in the tax transcripts for the last 3 years, 1040 for last year only (?), and the W2 for both jobs for last year - along with 6 months of paystubs for both?

3. The public charge question - the answer is yes, right? Do I put what my current income is this year or last year? 

4. Where do I send the packet? - Scrap this question I just found the answer. 

5. How should we put the packet together? 2 hole punch folders? Paperclips? 

 

Thanks, appreciate any help! 

Edited July 18, 2023 by LandPfromPA

[Verrou 1,962]

1. yes. what you gonna make between 1/1-12/31 this year = ur current income

2. only 1 tax transcript needed from 2022. if u use tax transcript, u dont need to submit 1040 and W2

3. IMO i will put NO if your wife plan to work once she got her EAD. there's debate about u should either put YES and NO

5. 1 jumbo black binder clip to hold THE WHOLE documents

 

 

 

 

[LandPfromPA 5]

Okay, so using my current income. Easy. 

Cool, glad I don't need the other stuff. I've got it if they need it eventually for whatever reason, but I can't imagine they will.

Why the debate on it? Just curious. I'm not even sure either of us fully even understands it and it's so unclear. She does plan to work - part-time at the very least. 

Okay, so no breaking it down into smaller chunks? We've both seen so many conflicting statements about how to do it. 

[K1visaHopeful 2,852]

52 minutes ago, LandPfromPA said:

Hello all,

 

My wife and I are prepping her AOS package from our K1 visa. We are doing it a couple of years late so she's got an appointment to see the civil surgeon next week for her I-693 to get done again

 

Medical should be completed once interview appointment is scheduled. Why? I693 is valid for only 2 years. Interviews can take much longer than that. 

Ensure you've read the I693 instructions.

52 minutes ago, LandPfromPA said:

which we will send off with the I-485 package. Our questions are:

 

1. Current income - this is what I will be making this year, correct? I started a second part-time job last November, so I'm making about 20k more this year than last. The new job was on my taxes and I have a W2 for it since I started last year before the cut-off. So I can add that and my main job together? I hit the cut-off either way for last year by 6k for our family of 3, so I'm not worried about a co-sponsor either way, this just shows I can extra support her, right? 

Current income is the amount of PROJECTED income that you WILL make in 2023. It is the amount that is listed on your employment verification letter that your employer wrote up for you to submit with your I864 and is backed up by 6 months worth of current paystubs.

Current income has nothing to do with taxes or tax documents as taxes prove PAST not FUTURE.

52 minutes ago, LandPfromPA said:

2. I should send in the tax transcripts for the last 3 years, 1040 for last year only (?), and the W2 for both jobs for last year - along with 6 months of paystubs for both?

Tax return transcript OR (NOT AND) COMPLETE federal tax forms copy including all pages and schedules AND earnings statements for 2022 is required because 2022 is the current tax year until April 2024.

2021 and 2020 tax transcripts OR forms are OPTIONAL but you must still enter the AMOUNTS of your Gross Total Income in Questions 24 a,b,c. 

 

Again TAXES prove past income not future.

Ensure you are reading the instructions. There is a 90% chance you will get an RFE if you don't read and don't understand how to fill it out and what documents to provide. EXACT, SPECIFIC documents for YOUR individual financial situation are required. Not a bunch of miscellaneous ones that don't show them what YOU need to prove for YOURSELF. Wrong ones = RFE.

Less is more.

 

52 minutes ago, LandPfromPA said:

3. The public charge question - the answer is yes, right? Do I put what my current income is this year or last year? 

Yes. 

Input what you are trying to prove on the I864.

They should match, right?

 

52 minutes ago, LandPfromPA said:

4. Where do I send the packet? - Scrap this question I just found the answer. 

 

 

 

5. How should we put the packet together? 2 hole punch folders? Paperclips? 

 

Thanks, appreciate any help! 

You should follow the USCIS form filing tips.

You should also read all instructions for all forms. 

You should also read the VJ guides. 

You should also join your VJ AOS Filing month forum so you can ask these questions to your peers. 

You should also fill out your VJ timeline as the reciprocal request of being a member.

[K1visaHopeful 2,852]

44 minutes ago, Verrou said:

 

3. IMO i will put NO if your wife plan to work once she got her EAD. there's debate about u should either put YES and NO

 

 

 

 

There should be no debate. 

Only those applicants who do not fall under public charge are eligible to state no. 

[Crazy Cat 41,985]

1 hour ago, LandPfromPA said:

this is what I will be making this year, correct?

 Current annual income is calculated as follows:

Gross income from latest pay period multiplied times the number of pay periods per 12 months.  It is not what you made in past months.  It is the gross income you will earn over the future 12 months....from now.  Calendar year is irrelevant.    Example.  If I get a pay raise in July, my current annual income should be based on what my income will be over the next 12 months (July-July).....not what I earned from January to December. 

If you have more than one job, then you calculate the same way for each job, then add them together. 

Edited July 18, 2023 by Crazy Cat

[Verrou 1,962]

18 minutes ago, K1visaHopeful said:

There should be no debate. 

Only those applicants who do not fall under public charge are eligible to state no. 

u should watch JH show minute 10

 

Edited July 18, 2023 by Verrou

[LandPfromPA 5]

Thanks, everyone! This was helpful and appreciated. 

 

1 hour ago, K1visaHopeful said:

 

You should also join your VJ AOS Filing month forum so you can ask these questions to your peers. 

You should also fill out your VJ timeline as the reciprocal request of being a member.

 

Timeline filled out. However, I didn't find a July AOS group. Unless I'm blind or clueless there might not be one? Perhaps a dead month and a great time to file. Haha.

[K1visaHopeful 2,852]

7 hours ago, Verrou said:

u should watch JH show minute 10

 

No thanks

[LandPfromPA 5]

@K1visaHopeful So went through all your advice as we finish off the packet... but we are both stressed and I just want to confirm a few things since you had such great advice.

 

1. For paystubs for the past 6 months - I get paid weekly, so do I need to include all of them for both jobs, or is just one for each month enough? I will do all if needed, but I feel nobody will be appreciative if I send 50+ paystubs to them.

 

2. Do we need to submit any evidence of marriage other than the certified marriage certificate? For the K1 part it was pictures, etc. Do we need anything here? Even the birth certificate of our kid we had after being married? 

 

3. She doesn't have to do the I-131, right? We 100% aren't leaving the country. Her dad was her only family and he died, so no reason to leave. 

[Crazy Cat 41,985]

11 minutes ago, LandPfromPA said:

@K1visaHopeful So went through all your advice as we finish off the packet... but we are both stressed and I just want to confirm a few things since you had such great advice.

 

1. For paystubs for the past 6 months - I get paid weekly, so do I need to include all of them for both jobs, or is just one for each month enough? I will do all if needed, but I feel nobody will be appreciative if I send 50+ paystubs to them.

 

2. Do we need to submit any evidence of marriage other than the certified marriage certificate? For the K1 part it was pictures, etc. Do we need anything here? Even the birth certificate of our kid we had after being married? 

 

3. She doesn't have to do the I-131, right? We 100% aren't leaving the country. Her dad was her only family and he died, so no reason to leave. 

Are you using this guide?  Why would you not submit an I-131?  Many people have failed to do so, then regretted it later.  Just do it.  No need to send 50 paysubs.  One from each job is sufficient.  You are providing evidence of what you will earn over the NEXT 12 months.....not what you earned in the past.  I'm out. 

 

[LandPfromPA 5]

Yes, following that guide. I think we've both read it half a dozen times. It just didn't answer my more... overly anxious questions. Lol. I won't add 6 months worth of paystubs, so that's good to know. It felt like a lot, so I'm glad. 

 

As for the I-131 - we've had zero reason to leave the country in the past years, I can't imagine why we would need to now. I guess she can go grab 2 more passport photos to go with that, it just feels like unneeded paperwork since we have no place go since it seems to essential. 

 

I appreciate the help!

[Crazy Cat 41,985]

7 minutes ago, LandPfromPA said:

it just feels like unneeded paperwork since we have no place go since it seems to essential. 

 

Numerous people have had emergencies back in their home countries....then couldn't leave.  Your choice.  Your consequences. 

[LandPfromPA 5]

11 minutes ago, Crazy Cat said:

Numerous people have had emergencies back in their home countries....then couldn't leave.  Your choice.  Your consequences. 

Oh yeah, totally get why. She just has nothing left in Canada. Her mom left Canada a decade ago and she hasn't heard from her since. Her dad died. She is an only child from a tiny family. She loves Canada, but she has nothing left there anymore. So it just hasn't been something that has ever come up. Maybe we are missing something outside of family issues that could come out that makes it worth it. Doing the form isn't a big deal, we can do it, it was just a matter of we just couldn't think of a reason. But of course, or focus right now - is on the I-485, etc. So it's highly possible we just didn't think of a logical reason. 

[Lemonslice 4,922]

It doesn't need to be an emergency in Canada.  You could win a cruise trip in the Caribbean... Even if you don't plan to use it, it's such an easy form to join to the rest and save you possible headaches/heartbreak later.