I-485 interview: affidavit of support and most recent tax return

[johnny206]

Hi All,

 

My instruction for I-485 marriage-based cases (my fiancee came here on K-1) states we must bring the following additional items:

 

Affidavit of support, COMPLETED AND NOTARIZED, WITH THE SPONSOR'S FEDERAL INCOME TAX RETURNS FOR THE MOST RECENT TAX YEAR.

 

My questions:

 

1) Affidavit of support: does this mean I need to fill out a new form I-864? Notarized? I'm confused since I already submitted it with my I-485 application, do I need a new one?

 

2) Tax return: I e-filed, so I don't have a signed paper copy. Can I print out a copy and sign it? Does it need to be notarized? For the I-485 application I submitted 3 years of IRS transcript already.

 

Thanks!

 

John

[Randy W]

Hi All,

 

My instruction for I-485 marriage-based cases (my fiancee came here on K-1) states we must bring the following additional items:

 

Affidavit of support, COMPLETED AND NOTARIZED, WITH THE SPONSOR'S FEDERAL INCOME TAX RETURNS FOR THE MOST RECENT TAX YEAR.

 

My questions:

 

1) Affidavit of support: does this mean I need to fill out a new form I-864? Notarized? I'm confused since I already submitted it with my I-485 application, do I need a new one?

 

2) Tax return: I e-filed, so I don't have a signed paper copy. Can I print out a copy and sign it? Does it need to be notarized? For the I-485 application I submitted 3 years of IRS transcript already.

 

Thanks!

 

John

 

 

The I-485 instructions state the following:

 

Submit an Affidavit of Support (Form I-864) if your Form I-485 is based on your entry as a fiance . . .

 

 

The I-864 foes not require notarization. You should have an up-to-date copy of this with you at the interview.

 

You seem to be asking us to comment on out-of-date instructions from some source that you do not identify.

 

Either the tax transcripts or a printed copy of your return will do fine.

[johnny206]

Hi Randy,

 

"Affidavit of support, COMPLETED AND NOTARIZED, WITH THE SPONSOR'S FEDERAL INCOME TAX RETURNS FOR THE MOST RECENT TAX YEAR" is from the AOS interview instruction sheet sent to me by USCIS (not the I-485 application).

 

Thanks,

 

John

Edited October 13, 2015 by johnny206 (see edit history)

[Randy W]

Both links here are current links to USCIS web sites. Neither calls for notarization.

 

The procedure to follow for adjustment of status is here - http://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status

 

When you come to your interview, you (and the family member that filed the Form I-130 petition on your behalf, if applicable) must bring originals of all documentation submitted with this application including passports, official travel documents, and Form I-94 regardless if they are expired.

 

 

The USCIS instructions for Form I-485 are here - http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Edited October 13, 2015 by Randy W (see edit history)

[dnoblett]

What outdated source is being quoted? I-864 has not needed notarization in over 10 years. When I google searching this phrase: "Affidavit of support, COMPLETED AND NOTARIZED, WITH THE SPONSOR'S FEDERAL INCOME TAX RETURNS FOR THE MOST RECENT TAX YEAR." every result says that it no longer needs notarization.

 

Also a note about I-94, that has changed from a card in passport to a document that you can obtain from CBP online. Go here: https://i94.cbp.dhs.gov/I94/consent.html (No longer is there a problem of a lost card and the crazy fee to pay to replace it)

[johnny206]

See below for the I-485 interview instruction sheet sent to me:

 

If the links above don't work, try:

https://www.dropbox.com/s/hdcakr9ny0rawjn/20151013_145426.jpg?dl=0

https://www.dropbox.com/s/iso9yez0s88ny03/20151013_145439.jpg?dl=0

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/Y3YgZPt9b-HK3ufTZGepkqSCOxokV2L-VT2U4Ysn11A_zpspvkavjfr.jpg

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/0J0CKpcSFHJX01148Ex6NpD5tDld8XPxlo-Op84A7MM_zpsqlgysw4f.jpg

Edited October 13, 2015 by dnoblett
Copied to photo bucket (see edit history)

[johnny206]

 

OK, I think I got this figured out. I uploaded to "gallery" area of the forum.

[gary]

As several members have stated, old versions of the I-864 required notarization. Here's the current USCIS policy specifically stating that notarization is no longer required:

 

Some editions of the Form I-864 and Form I-864A include a jurat to be completed by a notary or by a consular or immigration officer to show that the person signed or
acknowledged the signing of the Form I-864 or I-864A under oath. The Form I-864 and Form I-864A, however, provide that they are signed “under penalty of perjury.” Thus, 28
USC 1746 (which deals with the legal effect of unsworn statements) makes it unnecessary for Form I-864 and Form I-864A to be signed in the presence of or certified
by a nota ry public or an Immigration or Consular Officer. Note that the jurat has been removed from the January 15, 2006 edition of the Forms I-864 and I-864A. Form I-86EZ
is a newer form, and therefore never had the jurat.

Source: USCIS Adjudicator's Field Manual ch. 20.5(b).

Edited November 10, 2015 by Randy W (see edit history)

[johnny206]

They must have mailed me an old form then.