Questions regarding new I-485 form on how to fill (I require some help since there is a new form starting from Feb 10th)

[Greenbeatles1 2]

10 minutes ago, Rachel n Tyler said:

- You don't NEED to do 3 years, it shows stability and might help but is not required. We did W2 of 2024 and tax transcripts of 2023. Sometimes more proof is just better.
- You don't NEED a joint bank account. It shows marriage, but it's not required. BUT, you can send extra proof online after they receive your I-485.
 

Edward & Jaycel have listed what they added in the November thread, others have done the same. I personally used theirs.

 

How can you upload it online if you have to send I485 and I765 together by mail? Will we have access to that after we file I-485 with I-765 together?

[Edward and Jaycel 834]

6 minutes ago, Greenbeatles1 said:

Also, I read in the previous threads that people who filed W2 together with IRS transcript they got RFE because it says in the instructions of I864 that it shouldn't be sent together. So it is more confusing then what is the correct way.

 

Send transcripts OR 1040 with all schedules + W-2s + 1099s (as applicable) Current income is king so if your spouse's income is $20K above the 125% Poverty Guidelines and that is proven with the 6 months of paystubs and employer letter, that's great! You are only required to provide the most recent year's tax return transcripts or Tax Returns + supporting docs. USCIS prefers the Tax Return Transcripts. The income you put for your current household income is whatever your spouse's paystubs shows for GROSS income (x26 for pay schedules of every other week or x52 for weekly pay schedules). When they look at the tax return transcripts, USCIS looks at the "Total Income" line.

[Edward and Jaycel 834]

12 minutes ago, Greenbeatles1 said:

How can you upload it online if you have to send I485 and I765 together by mail? Will we have access to that after we file I-485 with I-765 together?

 

Yes... after your application gets accepted, USCIS will send you an "Online Access Code" with instructions on how to set up your online account. Once you do that you will have access to any notices issued to you on your application and you will have the ability to upload "Unsolicited Evidence". We have used that extensively since we have generated a bunch of evidince of our marriage bona fides after we mailed our original applications.

[Edward and Jaycel 834]

@Greenbeatles1

 

This is what the document tab looks like when you upload stuff - What I couldn't capture in the screenshot is at the bottom of the page is an "Upload" button,

 

 

[Greenbeatles1 2]

1 hour ago, Edward and Jaycel said:

 

Send transcripts OR 1040 with all schedules + W-2s + 1099s (as applicable) Current income is king so if your spouse's income is $20K above the 125% Poverty Guidelines and that is proven with the 6 months of paystubs and employer letter, that's great! You are only required to provide the most recent year's tax return transcripts or Tax Returns + supporting docs. USCIS prefers the Tax Return Transcripts. The income you put for your current household income is whatever your spouse's paystubs shows for GROSS income (x26 for pay schedules of every other week or x52 for weekly pay schedules). When they look at the tax return transcripts, USCIS looks at the "Total Income" line.

Thank you for your help again Edward and Jaycel. 
I have an additional question just to confirm. In 864 form, part 6 item 7 "Current individual income" is it from IRS transcript or it will be the same income calculated from the paystubs and it is the same income you put in the "Household income" which is the Part 6 Remarks section Item 12 Household income?
Also regarding the household size, as shown in the attached image, I want to confirm if we did it correctly since our household size should be 2 (me and my USC spouse). Because I read some people got confused about this part.

[Edward and Jaycel 834]

2 minutes ago, Greenbeatles1 said:

I have an additional question just to confirm. In 864 form, part 6 item 7 "Current individual income" is it from IRS transcript or it will be the same income calculated from the paystubs and it is the same income you put in the "Household income" which is the Part 6 Remarks section Item 12 Household income?

 

Item 12 is the sum of your individual income in line 7 (which is your current income derived from the proof you provide from your paystubs and employment letter) plus lines 8-11. You should not have anything 8-11 based on your info so far, so lines 7 & 12 should be the same. You will put the amount from the "Total Income" line on your transcript in Part 6. Line 16.a.

 

Your household size looks right if it's just you and your wife

[Greenbeatles1 2]

5 minutes ago, Edward and Jaycel said:

 

Item 12 is the sum of your individual income in line 7 (which is your current income derived from the proof you provide from your paystubs and employment letter) plus lines 8-11. You should not have anything 8-11 based on your info so far, so lines 7 & 12 should be the same. You will put the amount from the "Total Income" line on your transcript in Part 6. Line 16.a.

 

Your household size looks right if it's just you and your wife

Thank you for explaining me, I appreciate your effort and help! 
Umm, regarding the Part 6 Item 16, if my USC spouse filed taxes for all 3 years but in 2022 it is below the poverty line (because of the studies in college). Should I still list it or I should write N/A? Or they do not care that much and they look at the most recent year. So I'm concerned if it is okay to list total income from the 2022 transcript if it is below the poverty line.

[Edward and Jaycel 834]

26 minutes ago, Greenbeatles1 said:

Thank you for explaining me, I appreciate your effort and help! 
Umm, regarding the Part 6 Item 16, if my USC spouse filed taxes for all 3 years but in 2022 it is below the poverty line (because of the studies in college). Should I still list it or I should write N/A? Or they do not care that much and they look at the most recent year. So I'm concerned if it is okay to list total income from the 2022 transcript if it is below the poverty line.

You are only required to list and provide tax return transcripts or returns for the most recent tax year. If you choose not to supply all 3 years then you leave 16.b. - c. blank. Just remember, current income is king. 

[Edward and Jaycel 834]

This is from the instructions on the form for that section

 

NOTE: You MUST attach a photocopy or transcript of your Federal income tax return for only the most recent tax year and complete Item Number 16.a. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years and complete

Item Numbers 16.a. - 16.с.

Type or print the most recent tax year and your total income for that most recent tax year. If the amount was zero, type or print "zero" or if you were not required to file a Federal income tax return type or print "N/A" for not applicable. Type or print "N/A" for not applicable for Item Numbers 16.b. - 16.c. if you do are not submitting any additional tax returns.

 

So type N/A in b-c if not including those tax years… my mistake

Edited February 18 by Edward and Jaycel

[Greenbeatles1 2]

I have a few more questions regarding the new I-485 form.
1. Part 1 Item 11 When I last arrived in the United States: "I was inspected at a Port of Entry and admitted as (for example, exchange visitor, visitor):
Should I just write "K1 Fiance here"

2. Part 1 Item 12 and Item 15 have similar questions and it is a bit confusing if I should write the same date.

Item 12 "Expiration Date of Authorized Stray shown on Form I-94 or type or print "D/S" for Duration of Status. I should write a date from the "Admit until date" line on the I-94 form, right?

Item 15 Asks for "Expiration Date of Current Immigration Status or Type or Print "D/S" for Duration of Status. Basically it should be the same date as on the I-94 or the date on the stamp on my K1 visa, right? Or should I write here D/S or N/A?

So technically my days expire after this date right which is on the stamp and on I-94 and I have to file before that.
 

3. Regarding Current U.S. Physical Address. There is a line that says "In Care of Name" If it is under my spouse's name should I write the new full name on all documents and all lines not the maiden name after marriage? Since we want to have both of our surnames updated.
4. Part 2 Item 2 Receipt number of Underlying Petition (if any) and Priority Date from Underlying Petition.
It should be no, right? Is there any if I get admitted to the US with an approved K1 visa?

5. Also am I applying for adjustment from K1 visa under INA section 245(I)
6. Part 3 Item 1 Under Section 213 A  withFamily based K-1 visa,  I  don't need an exemption and I'm required to submit an Affidavit of Support, right? Which is 1f as shown in the picture
7. Part 9 Item 64 Have you ever received long-term institutionalization at government expense? I'm not sure what it is. 


 

[Greenbeatles1 2]

Also regarding I864 if the IRS still hasn't processed what my spouse filed and we cannot get the Tax return transcript yet. What should we send instead? W2 + 1040 (Income tax return) + 1099? Or just W2+1040 to show the filed taxes and income?

[Greenbeatles1 2]

Also, do I need to include copies of certificates like my bachelor's diploma to AOS package, etc since in I-485 form Part 9 Item 62, they ask to list your certificates?

[Edward and Jaycel 834]

2 minutes ago, Greenbeatles1 said:

Also, do I need to include copies of certificates like my bachelor's diploma to AOS package, etc since in I-485 form Part 9 Item 62, they ask to list your certificates?

 

No... If they want them, they will ask for them. If you get scheduled for an interview however, bring them with you there

[Edward and Jaycel 834]

On 2/18/2025 at 8:20 PM, Greenbeatles1 said:

Also regarding I864 if the IRS still hasn't processed what my spouse filed and we cannot get the Tax return transcript yet. What should we send instead? W2 + 1040 (Income tax return) + 1099? Or just W2+1040 to show the filed taxes and income?

 

Did your spouse E-File? If so, the Tax Return Transcript should be available in 21 days or less. Mine was available 14 days after E-Filing

[Greenbeatles1 2]

23 hours ago, Edward and Jaycel said:

 

Did your spouse E-File? If so, the Tax Return Transcript should be available in 21 days or less. Mine was available 14 days after E-Filing

My spouse E-filed with Turbotax app, like 5-6 days ago. My I-94 and my stamp says my K1 (90 days) expires on 10th of March. I'm not sure if I should wait for the transcript or I should file now with 1040+W2. Since it is new year, her letter from the employment place shows the gross total income Year to date basically how much it was earned from 1st of January of 2025 till now. I guess transcript is better right than w2? Since you do not need to submit W2 or 1040 if you submit IRS tax return transcript plus paystubs of 6 months and letter of employment I guess?