preparing to file 485
- Thread starter sp_ps
- Start date
I hired a lawyer for my I-140 but did the I-485/I-765/I-131 myself. There really is no need unless you anticipate any RFEs (something is not clear or missing). You can always hire a lawyer later in case something goes wrong. If you feel confident, you don't need to worry about hiring a lawyer now.
The only immediate benefit of a lawyer is to tell you what supporting documents you may need that you didn't think of before. For example, I found out accidentally that I needed to file a I-134 affidavit of support with my I-485, along with supporting documentation. I was also told that it's better to photocopy my entire passport (including blank pages) to include with I-485. These small details are examples of when a lawyer can be useful, but it's not worth the fee because you can get most of this advice on forums such as these. You also should include your tax returns from the last 3 years (03, 04, 05).
In your case, don't forget the G325A Biographic information sheets (all 4 copies), your sealed medical report, and any required documentation that you think might be required.
I do not think that 485 should be a problem if you filed 140 yourself. I am also filing 485 by myself.
I have a question though.
The form 485 on page 3 mentions that we need a Affidavit of Support/Employment Letter. What does one do in the case of I-140 EB-1A? I have an employer and I can get a letter. But, what would a person do if his I-140 EB-1A is approved and hasn't got an employer?
Thanks in advance for any answers.
Pradeep
I have a question though.
The form 485 on page 3 mentions that we need a Affidavit of Support/Employment Letter. What does one do in the case of I-140 EB-1A? I have an employer and I can get a letter. But, what would a person do if his I-140 EB-1A is approved and hasn't got an employer?
Thanks in advance for any answers.
Pradeep
2006Hunter
Registered Users (C)
do not hire an attorney. save some money. it is straight forward. hire an attorney if you will encounter problem in future. this site is very helpful and all our members are very helpful. you post any doubt if you have.
I just attached the approval notice for my EB-1 I-140, so should be okay. For Eb-2 I did concurrent filing so was not a problem. Max what I will get an RFE. Will answer at that time. Anyway they give RFE to more than 90% I-485 processed now at any center or ask for interviews, so sit back and wait.
What? for real? 90 % get RFE . Your basing that from what?
Most people never get intervies on 485
Yeah it makes sence, well good luck on your 485, and welcome to the club! the waititng started...ehhehe
Call INS number now and speak in detail about I-485 prpcessing NOW and you will be surprised to know what I told you. Sveral people including INS agent told em that now a days alomst everyone will have to appear for an interview and that is a routine. And according to him RFE is USUALLY sent to most of the people to check their presence or current job status in USA, especially if you had applied in one of the EB categories.
Till I have some other fact I will have to believe this. I know it is coming from an INS phoen agent who is actually not an immigration officer or an adjudicator but atleast more knowledgeable than us. Same was told by his supervisor who happen to be a lady on 1-800-375-5283 #.
Till I have some other fact I will have to believe this. I know it is coming from an INS phoen agent who is actually not an immigration officer or an adjudicator but atleast more knowledgeable than us. Same was told by his supervisor who happen to be a lady on 1-800-375-5283 #.
You maybe right. But who knows actually what goes on till we have a tracker for this too. Anyway while asking for my I-485 porcessing for my earlier EB-2 NIW I was told this. Now I also have ab EB-1A approved and just yesterday sent my new I-485 based on my EB-1A application to USCIS I will see what happens and then can let you know.
I did not include an affidavit of support - since the case is EB, nor an employment letter - since I self-filed my I-140. Didn't have any problems or RFEs. EB-1 EA is an achievement-based category more than employment-based. I'd say - especially if your I-140 was filed by you not by your employer - don't worry about employment letter. However, in my I-485 cover letter I made a mention, "I am not including an employment letter, since my Form I-140, Immigrant Petition for Alien Worker, was self-petitioned under Section Alien of Extraordinary Ability, §203(b)(1)(A)". Just in case the officer should miss that distinction.
I am not sure where that 90% number (of RFEs and interviews) you mentioned earlier came from, and customer service representatives have been known to give contradictory answers in the past. I've had neither an RFE nor an interview... Of course, it's always better to err on the side of caution. Still, there is this memo (attached) that lists categories of applicants that would generally be waived interview - I assume it's still valid - and the list is quite expansive.
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Thanks but that was told to me so I shared. Maybe the guy was not knowledgeable enough. INfact I found same that when I asked for them to transfer my I-485 to new I-140 they did not know anything like that can be done. So I assume this may also have been just his opinion for EB-3's etc.
civ2ru,
As always your messages are very informative and I am sure several of us here have benefitted a lot from your replies.
I am planning on self filing 485/131/765. I have got the medical done.
One problem I see with my case is the birth certificate. I have a recently registered copy of the birth certificate issued by the state. I know sometimes the USCIS does not accept late registration copies, so I will also be attaching two notarized copies of affidavits from parents and a copy of the high school birth cert. I hope these will suffice.
Documents like tax returns, all prior I-797 approval notices and employment letter - are these required for both the principal applicant and the spouse or only for the principal??
For the cover letter, would you be willing to share your template/copy??
Thanks!
As always your messages are very informative and I am sure several of us here have benefitted a lot from your replies.
I am planning on self filing 485/131/765. I have got the medical done.
One problem I see with my case is the birth certificate. I have a recently registered copy of the birth certificate issued by the state. I know sometimes the USCIS does not accept late registration copies, so I will also be attaching two notarized copies of affidavits from parents and a copy of the high school birth cert. I hope these will suffice.
Documents like tax returns, all prior I-797 approval notices and employment letter - are these required for both the principal applicant and the spouse or only for the principal??
For the cover letter, would you be willing to share your template/copy??
Thanks!
sp_ps,
Glad to be of help. This forum has sure provided me with a lot of help last year, so I'm only trying to give back a little.
I'll elaborate on the only one of your questions that I have personally dealt with - cover letter. My I-485 cover letter looked something like this:
I-485, Original Submission
U. S. Citizenship and Immigration Services
[Service Center]
[Address]
[Date]
Re: I-485 Application to Register Permanent Residence or Adjust Status
Applicant: [Name]
Dear Sir/Madam,
Enclosed please find my Form I-485 (Application to Register Permanent Residence or Adjust Status), supporting documents and evidence in the following order:
• This cover letter
• Form I-485, Application to Register Permanent Resident or Adjust Status with 2 photographs and filing fee of [amount] ([amount] for I-485 and [amount] for biometrics)
• Form I-131, Application for Travel Document with 2 photographs, filing fee of [amount] and Part 7 supplemental letter
• Form I-765, Application for Employment Authorization with 2 photographs and filing fee of [amount]
• Form G-325A, Biographic Information
• Photocopy of Form I-140 filing [or approval] receipt notice (Section: Alien of Extraordinary Ability, §203(b)(1)(A), receipt #SRC-XX-XXX-XXXXX)
• Photocopy of Birth Certificate with certified translation
• Photocopy of all pages of current passport (including arrival/departure stamps, visa page and biographic page; also biographic page, enlarged and in color)
• Photocopy of driver’s license, enlarged
• Evidence of current status: photocopy of front and back of I-94 Arrival/Departure Record and the latest [status] approval notice, receipt #SRC-XX-XXX-XXXXX
• Evidence of lawful admission and maintenance of status: photocopies of all past [status] approval notices and/or I-94 Arival/Departure Records
• Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, results in a sealed envelope.
I am not including an employment letter, since my Form I-140, Immigrant Petition for Alien Worker, was self-petitioned under Section Alien of Extraordinary Ability, §203(b)(1)(A).
Also, at this time I am not including Form I-134, Affidavit of Support, as per legal advice I received, but I’ll gladly provide it should you require it.
Thank you for your consideration and help in this matter. If you have any questions about this application, please do not hesitate to contact me.
Sincerely yours,
[Name]
[Address]
[Phone number]
Hope this helps. Good luck!
Glad to be of help. This forum has sure provided me with a lot of help last year, so I'm only trying to give back a little.
I'll elaborate on the only one of your questions that I have personally dealt with - cover letter. My I-485 cover letter looked something like this:
I-485, Original Submission
U. S. Citizenship and Immigration Services
[Service Center]
[Address]
[Date]
Re: I-485 Application to Register Permanent Residence or Adjust Status
Applicant: [Name]
Dear Sir/Madam,
Enclosed please find my Form I-485 (Application to Register Permanent Residence or Adjust Status), supporting documents and evidence in the following order:
• This cover letter
• Form I-485, Application to Register Permanent Resident or Adjust Status with 2 photographs and filing fee of [amount] ([amount] for I-485 and [amount] for biometrics)
• Form I-131, Application for Travel Document with 2 photographs, filing fee of [amount] and Part 7 supplemental letter
• Form I-765, Application for Employment Authorization with 2 photographs and filing fee of [amount]
• Form G-325A, Biographic Information
• Photocopy of Form I-140 filing [or approval] receipt notice (Section: Alien of Extraordinary Ability, §203(b)(1)(A), receipt #SRC-XX-XXX-XXXXX)
• Photocopy of Birth Certificate with certified translation
• Photocopy of all pages of current passport (including arrival/departure stamps, visa page and biographic page; also biographic page, enlarged and in color)
• Photocopy of driver’s license, enlarged
• Evidence of current status: photocopy of front and back of I-94 Arrival/Departure Record and the latest [status] approval notice, receipt #SRC-XX-XXX-XXXXX
• Evidence of lawful admission and maintenance of status: photocopies of all past [status] approval notices and/or I-94 Arival/Departure Records
• Form I-693, Medical Examination of Aliens Seeking Adjustment of Status, results in a sealed envelope.
I am not including an employment letter, since my Form I-140, Immigrant Petition for Alien Worker, was self-petitioned under Section Alien of Extraordinary Ability, §203(b)(1)(A).
Also, at this time I am not including Form I-134, Affidavit of Support, as per legal advice I received, but I’ll gladly provide it should you require it.
Thank you for your consideration and help in this matter. If you have any questions about this application, please do not hesitate to contact me.
Sincerely yours,
[Name]
[Address]
[Phone number]
Hope this helps. Good luck!
permfiling
Registered Users (C)
Thanks civ2ru for the list. In addition is it required to give I-20, H1-b approval company? The visa on passport addresses it but incases where one had moved schools and there is no stamp in passport?
eb1a-query
Registered Users (C)
Does anyone know when you need to provide Form I-134, Affidavit of Support? What is this for?
Thank you.
Thank you.
kumarbr2000
Registered Users (C)
eb1a-query,
Did you find out answer to your earlier question about I-134 (affidavit of support)? At this point I am confused as to which of the two "affidavit of support" forms (I-134 or I-864) I need to submit for my spouse.
Thanks
Did you find out answer to your earlier question about I-134 (affidavit of support)? At this point I am confused as to which of the two "affidavit of support" forms (I-134 or I-864) I need to submit for my spouse.
Thanks
eb1a-query
Registered Users (C)
I was told by my lawyer that I do not need to submit I-134 for EB1 category. I-864 is certainly not for us. So just include copy of your employment letter. I did not submit I-134.