errors in filling-up I-485, I-864

S

spicycrab

New Member
We recently filed our aos application to the BCIS based on a derivative visa ( i am the spouse of a green card applicant applying thru an employment based petition), and in the course of filling up the form, the paralegal who handled our paperwork committed errors, which i am not sure are acceptable to the BCIS or can be considered major ones which can be a grounds for denial or further RFEs..

The following errors were committed:

I-485 Form:
- my current status is H1B. In the form, it said B1 (tourist), visa expired 12/25/2000. my H1 is current, expiring 12/24/2003.

- my social security number was not disclosed. i have one, obtained by virtue of my H1B.

- my husband's Alien Number under the dependents' list says none, when he has one;

I-864 Affidavit of Support

- the employer name indicated is the former employer of my husband, when he has already started working for his petitioner, when his employment authorization came out in december 2002.

With all these mistakes, I would like to ask if somebody can advise me on the next best thing to do... do I need to inform our lawyer about these mistakes? Is there a need for them to pull out the original filed documents and send the corrected set?

I would greatly appreciate any advice regarding this matter!

Thanks.
 
The biggest error is the first one, where you are listed under B1 visa, that too expired. BCIS will consider you out of status since Dec 2000 and deny the petition since one is not eligible to receive immigrant status if he/she is out of status for more than 180 days. Ask yout attorney to file an amended I-485 immediately. While you are at it, correct the remaining errors as well.
How did you miss these errors? Did you not read it before signing?
 
reply to nkm-oct23

Yeah, that' what i am concerned about. the I-485 and the I-765 says that my current status is B1, which has expired already. The paralegal knows very well that I adjusted to H1 because they have my file! They handled my adjustment from B1 to H1, that is why there is no doubt that the paralegal committed a serious/careless mistake.

If in case the paralegal attached a copy of my h1 documents together with my aos application, do you think INS would overlook the mistake in the forms and rely on the evidence that I am in status?

But I will go ahead and follow your advise.. I will talk to the lawyer and point out that he signed the documents prepared by the paralegal without double checking if the information written are correct! (by the way, all my information has been disclosed to them by a questionnaire which they asked me to fill-up.. they just transfer these info to the forms).

Thanks so much!
 
Employment based GC; AOS for Spouse & I-864 & "40 quarter Statute"?

HI,
Please read I-864 details below. My question to the forum is...
Q) If I am in employment based I-485 process and fillout an Affidavit of Support for my newly wed wife (sponsor her GC), Do I need to fill this form?

Will I be facing the "40 quarter Statute"?

The affidavit of support is an enforceable contract in which the person who signs the affidavit promises to be financially responsible for the immigrant until s/he becomes a US citizen her or himself, or until s/he can be credited with 40 quarter years of work (usually this is ten years). The sponsor who signs this contract must show that s/he has income and/or assets that place her or him at or above 125 percent of the federal poverty guidelines for her/his household size. The form used for the affidavit of support is I-864.

Are affidavits of support required for all adjustment of status applications?

No. The I-864 enforceable affidavit of support is required only in family petition and some employment-based cases. Affidavits of support are not required for refugees or asylees
 
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