Sharris

Hi,

I received a request for initial evidence for my AOS (I-485) package last week. They are asking for:

1) All supporting tax information/schedules for the most recent tax year

2) Sponsor on Affidavit of Support must submit a complete federal tax return for the most recent tax year

3) Based on documentation submitted with Affidavit of Support, sponsor does not meet the 125% of poverty guideline requirement.

To answer item 1/2 we have ordered a return transcript for 2017 from the IRS. I am not sure how USCIS will see our overall financial situation however because not all of our evidence proves sufficient income.

My wife's current annual income is above the 125% requirement for our household size. Her total actual before tax income for 2017 however did not meet the requirement because of unpaid leave that she took after having our baby. Her tax return and W2s from 2017 therefore do not show us as meeting the income requirement. Everything I have read about this though has said that the current income level is what is important, but we also submitted with the original application (May 2018) a letter from her employer confirming current annual income that does meet the requirement, and payslips. So far what i am planning to submit as evidence for item 3 is:

- A new current letter from the employer confirming sufficient annual income for 2018

- Last 6 months of 2018 paystubs which will show the income requirement being met

Will this new evidence be enough to mitigate the tax documentation from 2017 not showing sufficient income? I feel like I'm just submitting the same evidence again (though up to date) that they have already deemed not to be enough. Is there anything else i can/should include in the response package like a letter explaining the lower income in 2017?

Thanks

The expiration date you are referring to is the version number of the form. The Office of Budgets and Management (OMB) is responsible for managing all US government forms. They have an established process on how they do that. The department that wishes to have an official form submits it to the OMB and they publish it. So the OMB knows what is current, they put an expiration date on the form. If the department does not have any changes, they can elect to let the form "expire". As long as the USCIS website states they will accept the version that is on their website, you are okay. I would not wait for the new version as it may never come out as the USCIS seems to only submit new forms when they make major changes and they only accept the new version.

If the form is the most recent version and the USCIS states they accept the form dated XXXX, then use it. This process it already too long so why make it any longer by waiting on a new version of a form that may take years? They used to accept several versions of the form, but now they only accept this version since they made it a fillable form.

Dave

P.S. just to be clear here. You are talking about the I-129F--as it does have an expiration date of 06/30/2016--and not the I-192 as the I-192 expires in 2018. If you notice the instructions have a date of 2013.

Thanks for that, the way I was understanding it was that they are guaranteed to be replacing the form

I noticed that the version of the I-192F form on the USCIS website expires today. The expiring version also states that no prior versions of the form are accepted, so I imagine that it will be the same for the new version. I suppose the only thing to do is wait until the new version of the form is uploaded before sending in our application, which hopefully won't take too long..