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Immigration
Employment Based Greencard
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Ready to file I-485, but I have three questions
Hi everyone,
I have an approved I-140 in the EB2 category and I'm about to file I-485, I-765, and I-131 for me and my wife who was admitted on H4. I'd appreciate it if you could share your thoughts about the questions below:
1- I am the beneficiary of the I-140 and my wife will be the derivative applicant. Will my wife's category also be employment-based? I am almost certain this is the case, but some confirmation on this would be reassuring.
2- The "evidence of financial support" section in the I-485 instructions pdf file is vague. Do we need to submit an I-864 for my wife? The only case for employment-based cases where I-864 is necessary is when you have ownership in the business that employed you. Neither of us have any ownership in the business that has employed me. So should we just forget about the I-864? It feels like I'm her sponsor and that I should provide something to show that, but the I-864 instructions do not suggest that we should use it. Maybe showing that I have a job and a salary above poverty line suffices?
3- I am submitting all my pay stubs since employment for about 1.5 years plus a letter from the employer and the I-485 supplement J. Do I need any more financial evidence, like bank statements? The reason I'm asking is that I haven't been able to save much. Otherwise, I would've erred on the side of safety and sent my bank statement.
I really couldn't afford an attorney; so I'd appreciate it if you kindly shared your thoughts and experience on these issues with me.
Jimmy
I have an approved I-140 in the EB2 category and I'm about to file I-485, I-765, and I-131 for me and my wife who was admitted on H4. I'd appreciate it if you could share your thoughts about the questions below:
1- I am the beneficiary of the I-140 and my wife will be the derivative applicant. Will my wife's category also be employment-based? I am almost certain this is the case, but some confirmation on this would be reassuring.
2- The "evidence of financial support" section in the I-485 instructions pdf file is vague. Do we need to submit an I-864 for my wife? The only case for employment-based cases where I-864 is necessary is when you have ownership in the business that employed you. Neither of us have any ownership in the business that has employed me. So should we just forget about the I-864? It feels like I'm her sponsor and that I should provide something to show that, but the I-864 instructions do not suggest that we should use it. Maybe showing that I have a job and a salary above poverty line suffices?
3- I am submitting all my pay stubs since employment for about 1.5 years plus a letter from the employer and the I-485 supplement J. Do I need any more financial evidence, like bank statements? The reason I'm asking is that I haven't been able to save much. Otherwise, I would've erred on the side of safety and sent my bank statement.
I really couldn't afford an attorney; so I'd appreciate it if you kindly shared your thoughts and experience on these issues with me.
Jimmy
All Replies (12)
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