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About to submit AoS - some quick questions before I do...

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  • About to submit AoS - some quick questions before I do...

    I'll be adjusting my status from a K-1 visa (married within 90 days). I think I have everything in order and correct, but there are a few pieces of information I just can't get clarity on (appointments at my local USCIS office haven't been able to answer them or have given me conflicting information). We're not using any sort of immigration lawyer or service either. Anyways, my questions are:

    1) For my wife's Affidavit of Support, does she need to include her most recent W2 or all W2s for the past three years? Also, is her 1040 sufficient for her tax return? (sorry, I get crazy confused with tax stuff).

    2) We used a co-sponsor's Affidavit of Support (my now brother-in-law) for obtaining the K-1 visa, as my wife's earnings at the time were below the poverty guidelines. However, now that my wife's earning place her above the line, do I still need to include my brother-in-law's new Affidavit of Support for the AoS? He's filled out a completed one as we thought we'd need it, so obtaining one is done and done. This also leads in to my next question...

    3) Does it hurt to include additional information that might help bolster my AoS? At my most recent USCIS appointment, I was told not to include my I-94 or any other additional information, although I greatly doubted that particular agent's advice due to his constant confusion and errors regarding my status (he at first insisted I had to include an I-130, which K-1s do not need, and costs $420, and also gave me the poverty guidelines for 2007, which are wildly out of date). Other forms I could include would be a G325 for my wife, my DS-160, my I-129F confirmation pages, and proof of relationship info (our co-signed rental agreement and a letter from our electricity provider confirming both our names on the account).

    Sorry if these questions are a bit obvious or superfluous, but any and all advice would do wonders for my nerves.

  • #2
    Originally posted by mickSLC View Post
    I'll be adjusting my status from a K-1 visa (married within 90 days). I think I have everything in order and correct, but there are a few pieces of information I just can't get clarity on (appointments at my local USCIS office haven't been able to answer them or have given me conflicting information). We're not using any sort of immigration lawyer or service either. Anyways, my questions are:

    1) For my wife's Affidavit of Support, does she need to include her most recent W2 or all W2s for the past three years? Also, is her 1040 sufficient for her tax return? (sorry, I get crazy confused with tax stuff).

    2) We used a co-sponsor's Affidavit of Support (my now brother-in-law) for obtaining the K-1 visa, as my wife's earnings at the time were below the poverty guidelines. However, now that my wife's earning place her above the line, do I still need to include my brother-in-law's new Affidavit of Support for the AoS? He's filled out a completed one as we thought we'd need it, so obtaining one is done and done. This also leads in to my next question...

    3) Does it hurt to include additional information that might help bolster my AoS? At my most recent USCIS appointment, I was told not to include my I-94 or any other additional information, although I greatly doubted that particular agent's advice due to his constant confusion and errors regarding my status (he at first insisted I had to include an I-130, which K-1s do not need, and costs $420, and also gave me the poverty guidelines for 2007, which are wildly out of date). Other forms I could include would be a G325 for my wife, my DS-160, my I-129F confirmation pages, and proof of relationship info (our co-signed rental agreement and a letter from our electricity provider confirming both our names on the account).

    Sorry if these questions are a bit obvious or superfluous, but any and all advice would do wonders for my nerves.
    1. It is always good to include all supporting documents that can help in providing strong evidence for AOS. If your wife has all W2 and 1040 for the most recent three years you can include it, I dont think that will cause any issue. yes 1040 is sufficient, but be sure to include all pages of her 1040 so as to avoid RFE.
    2. If your Brother-in-Law is not your Joint sponsor for I-485 you do not need to include his Affidavit of Support.
    3. yes it helps but just be sure is not what will hurt the application or cause a RFE.

    this is not a legal advice

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