Affidavit of Support - Supporting documents needed?

[Templar21 0]

I am filing for AOS for my wife. She is here on a K-1 Visa and we got married a few weeks ago. I have a few questions regarding the Affidavit of Support for the AOS, and any help would be greatly appreciated.

1. When sending the initial AOS package, do I need to send the Affidavit along with supporting documents (letter from work, etc), or can I just send the Affidavit alone... and present the supporting documents at the interview?
   
2. How long after the K-1 Visa expires will the AOS package and application be accepted?
   

Please feel free to give me any other information that you feel may be helpful to me. Thank you very, very much!

[tob187 11]

Yup send job letter, w2 ,taxes everything and pay subs from the last 2 months

[VanessaTony 3,567]

Actually you are helping your wife file HER AOS. You are not "filing for AOS" for her, this is her process, you only complete the I-864 and help with relationship evidence. This is a very important distinction. You are her sponsor, she is the applicant.

1. Yes you do need to submit ALL supporting evidence. Failure to do so may result in denial or an RFE which delays the process. Also, if you send a complete package you stand a chance of not needing an interview

2. The K1 visa expired the minute she used it. Her status now relies on the i-94. She is out of status once the I-94 expires (resulting in overstay) but there is no deadline to file for AOS. She cannot work, she cannot leave until she gets her EAD/AP and eventually GC. She will not be able to use her AP if she has too much overstay

[didopage 337]

Yes you need to, read the form instructions.

There's no deadline for filing AOS but the sooner the better so your wife can then be a legal resident when her AOS will be approved, and so work and travel freely.

[VanessaTony 3,567]

Yup send job letter, w2 ,taxes everything and pay subs from the last 2 months

No. Pay stubs are NOT required but can be used to show current income if required, or if the tax return/transcript doesn't show enough income.

It is better if the OP order tax transcripts from the IRS for the last 3 years and uses those. Then they don't run the risk of forgetting part of the return.

[renecherubs 18]

please send everything. follow the steps here:

adjusting status

for the affidavit of support:

this is the instruction for the I-864 form:

instruction for I-864 form

if you give time to read the step by step instructions on page 5, you'll have idea on what to how to answer and what to submit.

1. I-864 form

2. ITR (recent/3 consecutive years)

3. paystubs

4. employment certificate

5. proof citizenship/permanent residency

6. bank statement

7. assets (if applicable)

[VanessaTony 3,567]

please send everything. follow the steps here:

adjusting status

for the affidavit of support:

this is the instruction for the I-864 form:

instruction for I-864 form

if you give time to read the step by step instructions on page 5, you'll have idea on what to how to answer and what to submit.

1. I-864 form

2. ITR (recent/3 consecutive years)

3. paystubs

4. employment certificate

5. proof citizenship/permanent residency

6. bank statement

7. assets (if applicable)

1. Yes

2. Only the most recent is required but you need info for the last 3

3. Not required

4. Yes

5. Not required if AOSing from a K1 as it was already provided

6. Not required.

7. Not required if income is sufficient.