The LONGEST wait during the CR1 USA visa process is the gap between sending off the i130 evidence pack and then waiting to receive the NVC case number. My wait time was just over 5 months. If you’re anything like me, you’re going to want to know what’s coming up next so you can be prepared and send the next load of evidence off ASAP! Here’s a rough guide on what you will need to make up the i864EZ AOS pack.
When researching, be careful what AOS tips you are actually reading. The good ole American government use the shorted ‘AOS’ twice for 2 different visa processes and they mean 2 completely different things. One AOS is ‘Adjustment of Status’, the AOS you need is the ‘Affidavit of Support’.
There are a couple of different i864 forms. This post is based on the support pack for the i864EZ form. The i864EZ is a shortened version of the regular i864 form and can be used if the spouse has an income 125% above the US poverty level for the size of the family. I can’t remember the exact amount, but for my case I think it was around $21000. This number increases if there are ‘dependants (children)’.
If the sponsoring spouse earns under the guidelines, they can get a joint sponsor to help boost the income amount. However this then requires the longer form and of course the pack will be twice as big as there will be 2 lots of evidence!
What to include in the AOS pack
- Barcoded cover letter – sent from the NVC which will include your case number.
- A typed cover letter – stating what you have included in the pack. Your pack should be organised in the same order to match the cover letter.
- i864EZ form – signed and dated.
- Federal income tax transcripts – 3 years worth is best but otherwise just the most recent. This way it proves that you have met the requirement for the past couple of years and will continue to be able to do so. They can be ordered online at https://www.irs.gov/individuals/get-transcript. You can print them yourself or have them sent in the mail. If I remember rightly, the service is free if you request 3 years or under.
If you can’t get hold of the most recent transcript, a photocopy of the tax return is fine.
- A photocopy of the most recent W2 – This is a must if you haven’t got the most recent transcript, for example if you are putting together the pack during the grey area between the end of the year but before you have filed taxes. I included it anyway (better to have too much evidence than not enough)!
- Proof of current employment – Written by a manager/administrator, ideally on headed company paper (otherwise not to worry, make sure the business name and address is at the top), stating the dates of employment, the nature of the sponsors job, the hourly wage/salary and contracted hours
- Copies of pay stubs for the last 6 months – This is what they use to make sure you’ll meet the requirement during the coming year. They times the amount across the 6 months by 2 to make a year. If you don’t have the past 6 months, companies should be able to go back in their system and print the last 6 months off in one go from their records, this is what my sponsor done just to make sure he wasn’t missing a slip etc. If the working year has been longer than 6 months, you can also just include the most recent pay slip if it shows the cumulative pay for the year.
That was all! It was much less painful putting together this pack compared to the i130! The only bits that require some effort is gathering the pay stubs and requesting the transcripts!
As always, I am not an immigration expert, I am just sharing my experience of the process in 2016. Other cases may be different. If you have any questions, feel free to ask, I’m happy to help! I used this book: Fiancé and Marriage Visas: A Couple’s Guide to U.S. Immigration (Fiance and Marriage Visas) – $33.84, to help me through the process. I highly recommend it!
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