Didnot submit Affidavit of support

I

I485 Inquirer

Registered Users (C)
Hi,

To all Immi gurus. Much thanks in Advance.

I have just submitted my I-485 and EAD Application. But through a co worker I learned that you need to submit an "Affidavit of Support (I-864)" for my wife. Neither my lawyer nor my Attorney (Lousy one) have mentioned anything about this. When I told this to my employer today, he said the Last two years W-2 and the last three onsecutive pay stubs which we submitted should be enough and we don\'t really need to submit this.

I am really worried. Can I ask them to submit it now ? Should I wait till I get a Query or will the application be rejected?

If anyone knows anything about this situation, please share the info. I am really worried that my application may get rejected.
 
No Title

I donot think you need an Affidavit of support
for employment based cases. If needed
you wiull get an RFE.
 
I am in the same boat...

I posted the same message last month and some people assured me that it was ok... (Keep my fingers cross all the time....) :-(

At least you submitted the paystubs, W2 and tax returns...my company laywer tried to minimize everything... :-(

I hope there isn\'t going to be any RFE for our case...:-(
 
Thanks for the reassurance.

Augvsc,

Thanks for the reassurance. I think with the processing taking so long as it does, we tend to become paranoid and get obsessed with GC. I used to wonder initially why all these people are so -ve when my processsing was in labor stage. I think it gets to you when you wait for years and in the last stages you miss out on something that everyone else has submitted. Maybe it is not required after all and it is reassuring to think that people other than my attorney ( I still think he is lousy) thinks so.

Good luck to U and everyone else who needs GC as bad as me or more.
 
To tell you the truth..

I still think that it\'s needed to file with I485. But, I think it\'s too late to submit the form now, so just think the +ve side.

My company lawyer is lousy in the sense that he didn\'t let me know a thing and I doubt that he knows a lot of things. Well, wish you all the best...
 
affidavit of support

my lawyer is pretty good
he asked me to submit affidavit of support for wife

There is no harm in including additional documents

but suggest that u wait and watch because maybe my lawyer is extra carefull

Rather than getting on the lawyer\'s bad side suggest u wait

suggest u read all case of rfe and try to understand a pattern
 
Can you post the status of your case once you hear from INS ?

AugVSC,

Can you post the status of your case once you hear from INS ? If you have received RFE or not ? I would be very thankful.
 
Thank you ver much Naveen. That will help us sleep better.

It\'s just that everyone else has applied and for some reason we missed out.
 
Affidavit is needed

I had raised similar question to my lawyer 6 months ago and this was his answer :- normally the affidavit is submitted by the sponsor. In case of employment based petitions, the sponsor is the employer and they do NOT have to submit any affidavit. However, if the primary beneficiary (i.e. you) has any dependents who are also filing for adjustment (as derivative beneficiaries), then affidavits must be submitted for them by the primary beneficiary. The INS web site is actually referring to the primary applicant and not to any dependents although they haven\'t said this clearly.
 
Hey guys, Affidavit is needed for derivative aliens

Do not fool yourself into believing that you don\'t need to send Affidavit of support for wife and kids\' I-485 applications. As a principal applicant (of I-1485), you need to back up the I-485 applications of your dependants (wife & kids) with Affidavit of Support. Read the I-485 instructions. There is a good chance that the dependants\' applications will be issued RFEs.

It is a really simple form that you can just fill in 5 minutes and take it to any notary in the US for a stamp. The notary fee is very nominal (~ $10). It is still not too late to get Affidavit of Support. You can get it yourself and send it to INS using one of their prescribed forms. They will simply add it to the respective applications. That way you can save a future RFE.

Otherwise, you will have to get it done anyway when you receive an RFE for Affidavit of Support.
 
affidavit of support

does it hurt to include it - No
does it cost to include it - Yes max 10 - 30 usd

if u get rfe for this - u lose 2 months

hence - solution - send it and sleep better
 
I-864 or I-134?

It is clear that Affidavit of Support is required. But shall I submit I-864 or I-134? Posts on the forum is confusing. I am filing I-485 based on my I-140 approval, and I am also filing I-485 for my wife and kid. Thanks for your confirmation.
 
From http://www.imminfo.com:8080/~imminfo/guests :

Topic: I-134 (1 of 2), Read 113 times
Conf: Consular Immigrant Visa Issues
From: parag1
Date: Monday, August 20, 2001 03:59 PM

Ron,

For an Employment based petition, do we need I-864 as an affidavit for support for my wife OR I-134 is sufficient ?

Thanks ,

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Topic: I-134 (2 of 2), Read 116 times
Conf: Consular Immigrant Visa Issues
From: Deleted User
Date: Monday, August 20, 2001 06:02 PM

b Unless your sponsoring employer is a relative, or you own at least 5% of the company, you would not use form I-864 under any circumstances. Use form I-134.

Ron Gotcher
Gotcher, Richmond & Associates, LLP
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403

Tel: 818-990-4922
Fax: 818-990-4964
e-mail: JRG@Gotcher-Richmond.com
 
My posting on this issue. Hope it helps.

CM S "still confused about I-134 or I864" 1/6/02 1:14pm
Good luck.
 
My friend got 485 approval from VSC without submiting I-134 or I 864

My friend got 485 approval from VSC without submiting I-134 or I 864.
I think it is not required.
 
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