I checked the I-485 Form. There is nowhere says employment based applicant needs to file affidavit

G

Gking

Registered Users (C)
My attorney said only the following Forms needed:

I-485 for GC (with this the Medical Form and Bio Form)
I-131 for AP
I-765 for EAD

No need for Affidavit Form, no W-2, no Bank Statement, no pay stubs. The attorney said those documents are useless and only creat extra burden for the IIO. The employment letter is enough. I was told the IIO would issue RFE for W-2 or paystub, employment letter or even bio selectively for only around 5% of the applicants regardless if you have sent them in the first place.

But I found from here most people suggest to sent those extra affidavit documents, w-2, etc. It is weird.
 
question

does it hurt u to send the w2 etc etc

No it does not

why r u concerned about the workload of the officer

If he does not find these documents the chances of his issuing u an rfe are much more and this will cause u unnecessary delay of 2 months

Think about this
 
Your lawyers are completely screwed up

Do not believe them. Most people here would tell you that those documents are must. It is the basic requirements of filing an I-485 application. How come he didnt say anything about G-325A. Get rid of them, my best advice.

SKG
 
Your attorney is absolutely right. One of my friend just got GC, whose attorney didn\'t sent those

 
 
GKing

You are right. You don\'t have to send those documents along with your I485. My lawyer told me that we didn\'t need those documents. But, I still send him W2, tax returns and recent pay stubs. The reason I sent him was because I saw a lot of people were getting RFE on W2, tax returns and pay stubs. Of course, sending those statements doesn\'t mean that you won\'t receive RFE. I just want to minimize the risk of getting RFE.

P.S. I didn\'t send him Affidavit of Support because I didn\'t know we need that. I hope my wife won\'t receive RFE...
 
My friend has two dependents: wife and son. He got RFE for I-20, all I-94 (two-sides) copy, not for

 
 
GKing, your lawyer is absolutely right!

My lawyer explained to me that Tax Documents, Bank statements etc are not needed for Employment based GC. These are only need for Family based GC.

U need the employment letter though.
 
what is the harm

what is the harm in filing i-134 though. Is your attorney charging you extra for it?
 
No need to send W2\'s

As per my lawyer, affidavit of support is required for family-based petition.
The rationale for not requiring it at the application stage for employment-based GC is because anything can happen between the filing/mailing of the application and by the time INS adjudicates your application. That is, INS is more concerned at that point in time when they approve your GC - that you have a job and income to support yourself and your family. If INS is not confident enough with the job situation that you filled-out in your application forms, then they MAY need W2\'s, tax returns and bank statement through RFE ( or they may just randomly pick you for an RFE and be included in the 5% that your lawyer refered to).
 
If it gives you comfort

My attorney has the same viewpoint as your attorney. You don\'t really need the affidavit of support or paystubs though I did file W2 and 1040 for previous 2 years.
 
How can I sponsor my parents?

I filed for I-485 last november, and I received my Work autorization 2002 February.

WHEN can I sponsor my parents?
Can I sponsor my parents when I get my green card?
Is there anyway ?

Or do I have to wait all the way till I get a citizenship?
Is there no way they can come here and set up a bisnuess, or get a business visa, without spending as much as 100K?

Please advise.
 
I agree with GKing\'s attorney

Hi All,

My attorney also told no need to include w-2\'s ,tax returns or bank statements,or i-134 or i-864 ,only employment letter is enough.

But I think bank statement and affidavit of support is needed for
this particular purpose----

The GC is for future job and you have to work for the sponsoring employer.The employment letter shows we are offered permanent position with xxxx sal per year.
In case if you gets laid off after your gc is approved---
then there is no law that employer needs to pay you for the return ticket to home country like on H1 since you are a per.resident.

So I think in that case INS may look for some amounts and assets which we maintain and it looks,we or our family should not become public charge..

This is only my view and may differ with most of the people..

Let me know if my perception is wrong.

Thanks
Naveen
 
W-2 is not needed

I agree with Gking. My lawyer said that in a recent memo from INS they found out that W-2s are not needed for the employment based GC.
 
To GKing

I am following your messages,analysis from your I-140 form,
yesterday I read in one of your postings that you are filing
i-134 form without enclosing bank statements and tax returns
while filing your 485.

I agree with you that employment based GC does not need to file
i-134 form,but I read somewhere that bank statement and last year tax
return are the attachments for i-134 form.

So double check the attachments if you are filing i-134 form.

Thanks
Naveen
 
Help

I have just got I140 approved. I noticed that I have been approved for AOS even though my attorney
had written a letter to TSC requesting a change to CP far before approval. Do I have any chance of still
doing CP. I hate applying for I824 for the length of time it takes to get approved.

Can I file I475 on my own without using an attorney?

Thanks for your help.
 
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