Proof Of Income for Spouse GC Approval

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buggleboy1111

Registered Users (C)
When the Primary Applicant adds spouse to the 485 , Is filing the I-864 form (Affdavit of Support) Mandatory.
Please Comment !! It is Urgent !!
 
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Why not just do it

You can find on INS website, which docs are required. I did submit this document...why not just submit it ?? U can show your paystubs or your Income tax returns (W2?) as proof.

My lawyer told me not to fill the unnecessary stuff -I don't remember stuff about stock holdings ? Property etc? Not sure..anyway lawyer told me to just specify annual income.

I am not a lawyer, and this is not legal advise.
 
I'm curious. If the dependent spouse (for GC purposes) works and has his/her own paystubs to show, would the primary GC applicant still need to have an affidavit of support ready for spouse. Sorry if I am digressing from the original question.
-- alaknanda
 
Guys,

The affidavit of Support ( I- 864) is a required document for an dependents.

I had not attached this document for the I-485 process for my wife. After 1 year the case was transferred to the local office for an interview.
We took the I-864 for the interview despite the fact that my lawyer told me that I-864 is not required, as my case is employment based.

During the interview the officer asked if we had the I-864. I gave the copy saying that it was not required as per my lawyer. The answer was, I-864 is required for all dependents.

Hope this helps.

nagsp
 
Do Not Trust INS Fully

Well,

I talked to an IIO about renewing my EAD at Boston, INS and told her that I have seen on their web-site that I can renew my EAD at Boston, INS. IIO's reply was that I have to apply to VSC and that the web-site is wrong. :( :(

I went to Boston, INS and renewed my EAD without any problems.

Conclusion: Do Not go by what the IIOs or INS local office staff says, read Immigration Law, web-site and come to your own conclusions.

thanks

Originally posted by nagsp
Guys,

The affidavit of Support ( I- 864) is a required document for an dependents.

I had not attached this document for the I-485 process for my wife. After 1 year the case was transferred to the local office for an interview.
We took the I-864 for the interview despite the fact that my lawyer told me that I-864 is not required, as my case is employment based.

During the interview the officer asked if we had the I-864. I gave the copy saying that it was not required as per my lawyer. The answer was, I-864 is required for all dependents.

Hope this helps.

nagsp
Click to expand...
 
Although nagsp's own experience says otherwise, I think Girish is right. Some people (including me) submit I-134 instead, because for I-864, the sponsor has to be a US citizen - which is required for family-based (I-130 based) petitioners.

Also, Page 7-3.11 of I-485 procedures (that someone in past provided URL of) clearly says that for employment-based categories, I-864 is NOT enforceable unless the relative sponsor owns more than 5% of business interest.

Main applicant's W-2, bank statements, employment letter should do as a proof of non-public chargeability of dependents as well.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
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We didn't submit Affidavit of Support

Company lawyer said it wasn't necessary. Not that I trust him but I didn't know about Affidavit of Support while we submitted our I485 last year. So we didn't include that in the applications. But I did request the lawyer to include my W2, tax returns and pay stubs...and I wasn't sure he put those in either...:(

It's too late to do anything now. But I have seen some approved cases that applicants didn't submit Affidavit of Support. So just keep our fingers crossed.
 
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