speedyvespa

Hi all,

I've got my AOS interview coming in a few weeks, and glancing down the list of documentation I'm required to bring, a few look like repeats. Can anyone clear up for me what's required and what isn't? These questions might sound daft, but if it's one thing I've learned, is to assume nothing when dealing with the BCIS.

- It asks for an I-864, plus 3 years tax returns/W-2s of sponsor. All this was submitted along with the I-485 last year... I don't need another lot, right? My sponsor wasn't my wife (it was her then housemate) - will I need to take anything (birth certificates, etc) from her?

- I-693 things - been well covered on this forum, I'm pretty certain I don't need another one...

- *My* income tax returns & W2s... haven't any yet! Do I need anything in their place?

- Finally, "all immigration-related documentation ever issued to you" - anything in particular I should definately bring? Sounds like a trick question tio me.

Any help gratefully received.

Ta!

sphyrapicus

I'm not sure what you mean by your wife not being your sponsor. Of course she is your sponsor, you are adjusting status by being petitioned by an immediate relative (in this case your USC spouse). Are you implying that your wife did not submit an I-864 with your AOS application?

Here's the wording directly off the I-864:

"Who Completes an Affidavit of Support under Section 213A?

For immediate relatives and family-based immigrants, the
family member petitioning for the intending immigrant
must be the sponsor."

When you refer to "her", are you meaning your wife or your wife's housemate? If you still have the housemate as your joint sponsor (I assume the housemate is not related to you), then you will need the most recent set of taxes and income information. Same goes for your wife. I would also bring documentation that the joint sponsor is a USC or LPR, at least 18 years old, etc.

Buendia

We are nowhere near AOS interview, but it's our next step, probably in about 8 mos. I have several files which I keep updated regularly...

1. relationship evidence (two copies of everything - one for us)
2. forms/correspondence- this has any correspondence (NOAs mostly, but also the letter we got with the embassy appt. for the K3) we've ever gotten from USCIS, copies of anything we've ever given then (I-130, I-129f, I-765, I-864, I-485, letters, etc.), receipts for things sent certified mail, receipts for money orders (and copies of everything in case they ask for something and keep it, so that we still have a copy)
3. our originals - our birth certs, all of our old passports, marriage certs, police certs, vaccination certs, stuff like that (and copies of everything)

I would definitely, as Sphyrapicus says, bring updated I-864s and all financial info for both sponsors. For the AOS interview, I'll probably also pack up some original financial info such as tax returns and bank statements just in case. Updated everything. And lots of relationship evidence. And it'll probably be overkill, but over-preparation is the way that I avoid getting really nervous (this applies to all situations, esp. work!!!)

Good luck with your interview - let us know how it goes!!!!

maximus76

Hi Mark,
you need to take your and your wife's birth certificates, W-2 forms from last 3 years from your sponsor, your sponsor's last 2 month paycheck stubs, and the letter from the employer saying where your sponsor works, what position, how many hours a week, and what is the payrate. They will ask that for sure.
then joint tax returns, even if you didnt work yet and dont have W-2 form, probably your wife included you as her dependant, right?
take that.
take photos!
oroginals of all NOAs that ever been sent to you from CIS, all of them, even those you think are not related to your AOS application. because it says on the letter, all papers EVER been sent to you, right?
also, CIS wont ask you and concerned about "your" W-2 forms, dont worry abput that.
if you ever have been divorced, take that document too.
by the way, make sure you take 2 NEW passport size photos, it is small thing you might forget, but they may ask you that!!! old ADT photos (sideway) might NOT work.
take all joint bills and etc, you know that.
And then MAKE COPIES of all documentation, dont think that you already sent those last year, it is better that way, than sorry.
We even made copies of all correspondence and cards, and the officer actually kept those and put in our file.
Ok, Mark, I wish you and your wife great LUCK,
dont be too nervious, it is not that bad as it sounds.

Rete

Employment letters should be written on company letter and clearly state the stating date of employment, annual salary, and type of position held. Does not have to say full time or part time or indicate that you work 35 hours, 40 hours or 120 hours a week. If annual salary is given as opposed to hourly salary, then it is clearly seen if you met the requirements. A co-sponsor/joint sponsor MUST include either proof of US citizenship and/or US residency. The most current paystub is a plus.

If you are using tax transcripts as opposed to your photocopies of submitted 1040's then W-2s are not required as the tax transcripts are provided by the Internal Revenue Service.

Sorry but spouses are NOT claimed as dependants. A spouse's name and social security number and/or ITIN appears on the 1040 and the category filed, i.e. married, joint, or married, separate. Married joint has a higher standard deduction and you can deduct for two people as opposed to one if filing married single.

On form 1040 a spouse is listed on 6a Spouse not 6c Dependents Total of those two factors becomes your total number of exemptions. Then on line 39 you multiple the number of exemptions by $[amount given by IRS]


Wow maximus is having you bring a file cabinet with you if you entered the US under a K visa. Be sure to bring your fingerprint receipt, the original and copy of your NOA if you did enter with a K visa, your EAD(s), your Advance Parole(s), and your appointment letter.

Actual CIS will be very concerned about your W-2 form if you worked and were suppose to file an income tax return.

Feel free to utilize the AOS interview pages on Kamya. Experiences, such as ours, list all the documentation we took to the interview. It is hoped that after your interview you will post your experience there as well so that others can learn from your experience.

Good luck and thanks in advance.

Rete

sphyrapicus

Max,

Your comments bring up a very important point. Keep in mind that what *you* experienced at *your* AOS interview may not be representative of all AOS interviews. It's fine to let people know what *your* interviewer was interested or not interested in. However, it is not a good practice to tell others that they "won't ask you" about providing certain forms of documentation merely because *you* were not asked about it. We know from the experiences that folks have shared on here that interviews vary widely from officer to officer, from office to office, and from couple to couple. There is no standard that we can expect - some get the third degree and others are in and out in 5 minutes.

speedyvespa

Well, my wife is my sponsor, but our friend is the co-sponsor. (And jolly nice she is too!) It wasn't picked up as a problem at I134 or I485 stages, I'm not too worried about that. Anyway, I'm over the threshold now myself, so I imagine that counts for something.

Thanks for the info!

- Mark

speedyvespa

Well, I haven't filed yet, so that should be OK?

Rete

yes, that is okay. BUT .... you raised another issue and one you have failed to address.

You are working and that makes your household income over the threshold. If you have been living in the household for six months, then you don't need a co-joint-sponsor. Your wife and you can complete the I-864 and do away with the friendly help from a friend. Of course, bring the friend's I-864 with you in case you get a prick of an examiner as someone did in Vermont who absolutely, unequivably refused to accept the foreign spouse's income on the I-864 even though instructions say it is permissible.

Rete

maximus76

oops, sorry, my bad...
from my experience, the officer didnt ask me, but yes, it is just in my case,
thank you

Feanor

That examiner in Vermont needs to be fired, or at the very least reprimanded and shown the error of his/her ways. Immigration is hard enough without officials disallowing things that are clearly meant to be allowed.

speedyvespa

Thanks Rete, I might take the belt-and-braces approach. I love your description of the examiner in Vermont... the words 'Little Hitler' spring to mind. I've encountered some really nice, professional and helpful people from the BCIS on my journey thus far, I hope my luck doesn't change for the worse anytime soon...

- Mark

speedyvespa

Actually, further to the above, I think I might take a chance and have Jessika sponsor me, using my income. My other sponsor could do without the hassle at the moment, poor kid, and I might seriously annoy her if I ask for the zillion pieces of information.

How many people have done this? What's been your experiences?

Matthew Udall

Officers are only human and sometimes they make mistakes, don't know the law, or don't even know (let alone follow) their own policies.

I've had officers "insist" (in this same situation where we use the I-485 applicant's own income) that the applicant fill out the I-864A even though I know it was not required (and pointed that out to the officer, and explained to the officer "why" that was so). I also had one officer insist that the applicant had to file, and pay the $1,000.00 filing fee, for the I-485A supplement. I told her she was mistaken and told her why I reached that conclusion. Near the end of the interview, the officer again said, "as soon as you go file the I-485A supplement and bring that $1,000.00 receipt to me, I'll finish approving the case". I again insisted that she was mistaken. She excused herself from her office while she went to double check with her supervisor, and when she came back into her office, she said the I-485A was not going to be a requirement in this case. Saved my client's 1K right then and there (I love it when this sort of thing happens), and while we were leaving the building my client's told me that they would have assumed she (the officer) knew what she was doing and that they would have paid that fee if I had not been there to prevent this mistake from occurring (and they would "not" have gotten their 1K back even if they paid it in error based on the officer's mistake).

speedyvespa

Crikey O'reilly! Thanks for the story, Mr. Udall, something of a cautionary tale...

Would you recommend that I go via this route? Would it be worth taking an attorney?

Thanks.