Affidavit of support

C

chrisallen

New Member
Hello everyonne, I'm new to this and need just a little help.. I'm a US Citizen, I got married on Dec. 23rd, 2006.. My wife is currently out of Status, she entered into the US 5 1/2 years ago on a B1/B2 Visa. We are getting ready to file Form 1-130, I-485 and I-765 concurrently. Everything is in order except for the Affidavit of Support... I can't find my W 2's for last year or my income tax return.. I was wondering if we can file the I-485 without the I-864 and then send in the I-864 after I file this year's income tax...And if yes would this route take longer for us to have an Interview? I thank you much and look forward to hearing from you..

Chris
 
chrisallen said:
Hello everyonne, I'm new to this and need just a little help.. I'm a US Citizen, I got married on Dec. 23rd, 2006.. My wife is currently out of Status, she entered into the US 5 1/2 years ago on a B1/B2 Visa. We are getting ready to file Form 1-130, I-485 and I-765 concurrently. Everything is in order except for the Affidavit of Support... I can't find my W 2's for last year or my income tax return.. I was wondering if we can file the I-485 without the I-864 and then send in the I-864 after I file this year's income tax...And if yes would this route take longer for us to have an Interview? I thank you much and look forward to hearing from you..

Chris
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Most people get their 2006 W-2s by January 30th. Once you get your W-2s, file your taxes and then apply for AOS. If you apply for AOS without sending the I-864, you'll get a Request For Initial Evidence (RFE) letter in the mail requesting the I-864 and until you send the I-864, your case will not be processed.

Wait until you get the W2s(approx. 1 week), file taxes and then apply.
 
Since now you only have to provide 1 year of tax information, wait till you get w-2's for year 2006 then file Affidavit of Support. You can call the toll-free tax number 1-800-829-1040 to request free tax transcript. (Just go ahead and request the past 3 years at the same time for future reference or in case of need :rolleyes: ) They will send it in 4-10 days. You will need an employment verification letter on business letterhead or stamped to verify employment info.

If you file your package without Affidavit of Support, you will get a RFE (Request for Evidence) and that delays processing.

Overstays by immigrant spouse married to US Citizen are usually "forgiven" by US. Same thing with my spouse. We had no problem.

Since she overstayed, don't waste $$ on Advanced Parole. She should remain in the US throughout processing. Wait for 'green card' before traveling outside of US.

I-864 Affidavit of Support documents:
1. The form
2. tax transcript for 2006 (keep for self reference the 2005, 2004)
3. w 2's for 2006
4. Employment Letter stating:
date hired
salarywages
hours weekly or monthly
job title
on business letterhead or stamped with business stamp
(Also, pay check stubs)

I assume you know that you have to also file with package the I-693 Medical Exam.

Also the I-765 Authorization of Employment so she can get Social Security and be elgible to work in US while everything is processing.
 
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