Check list for I-485 Based on NIW approved

H

hnks

Registered Users (C)
Dear all
I know this may not be the right forum to post this thread but I have an approved NIW petition and I plan to send my I-485 in a couple of weeks and
I would like to get advise on what documents I need to send.
SInce I have a NIW, do I need to have an employment letter or not necessary ? what about the taxes, do I need to send W-2 or tax returns?
I would appreciate a check list from experienced and helpful members
THanks
HNKS
 
Form I-485, “Application to Register Permanent Residence or Adjust Status.”
Form I-134: “Affidavit of Support.”
The two attachments to each Form I-134 are:
(1) A copy of a bank statement showing your current balance;
(2) A brief letter from your department stating your MIT title, salary, and the starting date of your employment. The letter should be addressed “To Whom It May Concern.”
_____ Form G-325A, “Biographic Information.” This form contains 4 separate numbered (1-4) pages. All four pages are required for each G-325, for each adult. This form is not required for children under 14 years old.
_____ Certification of Copies form (see link on previous web page)
_____ Photocopy of the birth certificate for each applicant, translated if not in English. You should have the original(s) available to you in the U.S. in case they are asked for at some future time. Do not send originals to USCIS.
_____ If you are married and your spouse is also filing for adjustment, a photocopy of your marriage certificate or license, translated if not in English. Final divorce papers are also required if either you or your spouse have been divorced. You should have the original(s)
available to you in the U.S. in case they are asked for at some future time. Do not send originals to USCIS. See translation guidelines or consult your immigration attorney.
_____ A photocopy of Form I-797, If MIT has already sent form I-140 on your behalf, each adjustment of status packet, for each member of the family, should include a copy of this form. A copy should have been given to you by the ISO. If you are filing Forms I-140 and I-485 “concurrently,” you will not yet have this form.
_____ A photocopy of Form I-94 (front and back even if the back is blank), the white “Arrival/Departure” card stapled into your passport.
_____ “Summary of Visa Status and Employment in the U.S.” form (see link on previous web page)
_____ Photocopy of passport for self and any family members: pages containing issuance and expiration dates, personal data, photo, and any U.S. visa stamps.
_____ Photocopies of all current and past nonimmigrant visa documents, i.e. Forms IAP-66 or DS-2019, I-20, I-797 approval notices for changes of status to H-1B, J-1, etc., USCIS waiver of two-year home country residence requirement, etc.
_____ Form I-765, “Application for Employment Authorization.”
See “Permission to Work and Travel” links on previous web page for full instructions. You may or may not decide to file this form with USCIS. If you wish, you may consult an immigration attorney. Your spouse may also request work authorization at this time on a separate Form I-765. This form no longer requires a separate filing fee, (as long as the Form I-485 was filed or is being filed after July 30, 2007).
_____ Form I-131, “Application for Travel Document (Advance Parole)
See “Permission to Work and Travel” links on previous web page for full instructions. You may or may not decide to file this form with USCIS. If you wish, you may consult an immigration attorney. Your dependents may also request travel documents at this time on separate Forms I-131. This form no longer requires a separate filing fee, (as long as the Form I-485 was filed or is being filed after July 30, 2007).
Travel: Unless you and your dependents are in H nonimmigrant status, you must obtain USCIS travel document(s) prior to travel outside the United States while your adjustment of status is pending. Consult the additional Permission to Work and Travel links on previous web page. Discuss your particular situation with your lawyer. You may apply for Advance Parole when you apply for adjustment or you may apply at a later date.
Preparing the Application for Mailing
NOTE: Keep a copy of all documents (application forms, attachments, checks, etc) to ensure that you can quickly submit a duplicate if the original is lost or if you need to bring an error to USCIS’ attention.
Assemble a separate application set for each person (you, your spouse and each child) in the order listed below, and secure each set by a large clip or rubber band, not staples. Mail all application sets to USCIS in the same envelope.
1. Fee Payment: Place the check(s) or money order(s) (for $930 filing fee + $80 fingerprint fee) together on the top left of each Form I-485. Do not send cash. Only money orders, personal checks or cashiers checks payable to Department of Homeland Security are acceptable.
2. Form I-485 with photos in attached envelope (may use paperclip)
3. Copy of Form I-797 (USCIS receipt or approval notice for MIT’s I-140 petition, if applicable)
4. Form I-134 for each dependent family member (if applicable)
5. Verification of employment letter from your Department
6. Copy of bank statement
7. Envelope containing SEALED medical report, Form I-693
8. Form G-325A (all four pages)
9. Certification of Copies form
10. Photocopy of birth certificate (with English translation, if needed)
11. If married, proof of marriage license (with English translation, if needed). Proof of divorce, if applicable (with English translation, if needed)
12. Summary of Visa Status and Employment in the U.S. form
13. Copy of passport pages and immigration documentation in chronological order – most recent first.
14. Form I-765 (optional), with required attachments and photos. Fee payment check or money order should be attached to the top of the I-765 application package.
15. Form I-131 (optional) with required attachments and photos. Fee payment check or money order should be attached to the top of the I-131 application package
16. W2 3 years tax return..
 
Yes, you need an employment verification letter to show that you will not be a public charge and I sent my last 3 tax returns, not the W-2s.
 
Does the tax return has to have a minimum amount. I only have this year's tax return with a 28k. Last year, I only worked 5 months in the US and have 12K in it. Would that be a problem?
thanks
 
Did you (semigage) copy your post from some website and posted here. It looks so and more complicated.

Hnks, I have applied for I-485 based on approved I-40 EB1-EA. You can send the similar documents that I sent to USCIS. You need not sent employment letter

These are the documents I sent and my case has been approved.

List of Documents to apply for I-485

1. Form G-28, if represented by a lawyer

2. Form -1-485 and filing fee ($1010.00)

3. Forms I-765/I-131 (Optional only and note that there is no separte fee for this under new fee system)

4. Form G-325 (all four copies)

5. Copy of I-140 approval notice

6. If were in J-1, send appoved I-612 form

7. Current Immigration status showing your current status in US (even if its expired, like DS-2019 for J-1 or I-129 for HIB).

8. Record of current employment and wage report- for this send earnings statement for last 4 months, and last year's W-2 and federal Tax return (Joint tax returns if married).

9. Medical report in sealed envelope given to you by your doctor. (Make sure you do your PPD skin test for TB. If its -ve, dont take X-ray or take X-ray if its +ve. If you only take X-ray without PPD, it will invite for an RFE. See SOP for I-485.

10. Passport data page showing your name, DOB..and page that shows your last US visa (Dont SEND all pages of your passport).

11. Photocopy of both pages of your last I-94.

12. Two photos for I-485 or Six if filing I-765 and I-131 together. See Dept of State/USCIS regulations for passport size photos-2x2.

13. Birth certificate. If your BC is not in english, then attach a translation certificate in english and with a notary signing that translator knows both English and the language in which BC was written. If you dont have BC, then Non-availability certificate from respective authority in your country (look at http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3272.html to see authority who gives BC in your Country, USCIS follows this book only for BCs, check I-485 SOP) and two affidavits from your parents and relatives.

14. Marriage certificate

For Spouse, If you are applying I-485 for spouse, then similar as listed above and any document to show that your marriage is legitimate, like joint tax returns, insurances, family plan phone, mortgage, and rental agreement. This is just to avoid an RFE from USCIS.

Note: You do not need to SEND employment letter because you have already shown your intent to work in in your field in US when you filed your I-140. I have listed purely based on my I-485 experience and an RFE I received for my spouse.

I was in J-1 in 2005 and never filed tax return for 2005 becasue of tax treaty and Filed tax returns for 2006 and 2007 (joint tax return since I got married in 2007) only. During 2006, I worked in US for only 3.5 months and submitted W-2 and Tax return for 2005 only and without any problem I got apporved. In fact We filed tax return for 2007 after mine one got approved and my spouse got RFE to show additional documents for marriage proof.

Dont get confused by anyone and read I-485 filing incstuructions carefully. For employer filed GC only, USCIS requests all tax returns, employment letter....etc.. Both EB1-EA/NIW are self petitioned one and send only earnigs statement to show that you are working and wont be a public burden to US.

Hope this clears your doubt and good luck with your AOS.
 
Last edited by a moderator:
Lakksh
Thank you, you cleared up a lot of issues to me. This exactly what I needed, a list from someone in NIW/EB-EA category...
I appreciate your help.
- I am only missing one thing, what is form I-612. I am currently on J-1 and I do not need a waiver "I believe". I have already sent for an advisory opinion 3 weeks back but did not get a reply yet and I plan to include my DS-2019 and hopefully the DOS opinion on my subjectibility to the 212 (e) rule.
-Also my husband is currently employed on a J-2 visa, shall I send his earning stub as well??
THanks again.
Hnks
By the way, what is AOS? "sorry for my ignorance"
 
hnks said:
Lakksh
Thank you, you cleared up a lot of issues to me. This exactly what I needed, a list from someone in NIW/EB-EA category...
I appreciate your help.
- I am only missing one thing, what is form I-612. I am currently on J-1 and I do not need a waiver "I believe". I have already sent for an advisory opinion 3 weeks back but did not get a reply yet and I plan to include my DS-2019 and hopefully the DOS opinion on my subjectibility to the 212 (e) rule.

-Also my husband is currently employed on a J-2 visa, shall I send his earning stub as well??

THanks again.
Hnks
By the way, what is AOS? "sorry for my ignorance
Click to expand...


Isf some one subject to 2-year rule and such persons need to file for J-1 waiver thro DOS/USCIS (USCIS send final approval notice the form is known as I-612).

If DOS says you are not subject to then send copy of that letter along with your I-485 application pack.

Yes you need to send pay stubs for every single applicant. Also make sure you send two packages, one for you and for your husband but all in single envelope.

Since you are a primary applicant, then your husband's application should contain additional proof for marriage besides marriage certificate (see my previous post above).

AOS-Adjustment of status. If I-485 if filed when the applicant in US - it is AOS otherwise CP-consular Processing, done thro cosulates when applicant lives outside of US.
 
Hmmm I am confused. I am just preparing for concurrent filing. I didnt think for NIW or EB1-EA you need to show any tax returns. So why are we required to send earnings statement? I could not find it on the instructions or on USCIS website. Also, does earning statement mean pay stubs or copies of paychecks? Thank you.
 
i don't think my attorney asked me for my paystubs...also, i don't think my friends who filed NIW sent their paystubs...it's not going to hurt sending it...but why send if it's not needed....just my 2 cents
 
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