JSC

Hello

My immigration attorney told me that I don't need to file the I-864 with the rest of my AOS papers in New York City. They don't ask for proof of financial support until the AOS interview. I thought otherwise. Can anyone shed some light on this matter? Any help is greatly appreciated.

Peter Newton

As far as I know that's not correct. I filed my I-864 with my I-485.

Any other New Yorkers out there who would like to share what they did- rete, nathan barley, mrsm etc...?

Rete

Our experience and my opinion:

We filed I-864 with AOS at NYC. Why? Because BCIS usually returns AOS petitions if not included. Why? Because they have to see that you at least qualify for the petition, or have a sponosor who does, before they will start the processing of EAD, A/P, fingerprinting, scheduling AOS interview, etc.

But then, I'm not an attorney and you have hired one at a nice fee to represent you.

But if your attorney was wise, he/she might want to follow the instructions as per the BCIS website on what forms to include:

http://www.immigration.gov/graphics/...orms/i-485.htm

Family-Based Applications
Immediate Relatives
If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:
1. I-485, Application to Register Permanent Residence or to Adjust Status
2. G-325A, Biographic Information
3. Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).
4. I-864, Affidavit of Support
5. I-693, Medical Examination of Aliens Seeking Adjustment of Status
6. All required supporting documentation as listed on the above forms



Rete

mrsm

Yes, I filed the I-864 with AOS in NYC. Rete is correct, There has to be proof that you/your sponsor have sufficient finances so that you won't become a "public charge". They won't process the AOS otherwise.

MelissaS

We sent it in with our AOS as well...Better send it in then take the chance of them sending it back

goodguy

Interesting... my lawyer had said the same thing and I am based in NYC too. His rationale was that since the AOS interview is almost 2 years away, the BCIS will most likely ask for a more up-to-date I864 at the time of interview anyway.

I have not filed yet...

GoodGuy

mrsm

As far as I know you submit an I-864 with your AOS (as most of us have done) and then (I think) you are asked to take an updated I-864 when you eventually go for your interview.

Rete

We filed in 1998 and had the interview in mid 2000. Yes we had to submit an I-864 and yes we were "asked" at the time of receiving the appointment letter to bring all additional tax returns filed since the time of our original filing for AOS. This was and still is I believe a "form" letter. No, you are not asked to bring an updated I-864 but you can if you choose to. So my assumption would be that yes you have to include the I-864 at the time of filing and will be asked to update the information by the inclusion of missing tax returns for the intervening years.

But hey, why not be the guinea pigs for the forum and file your forms as your attorneys have advised and let us know what the outcome is. It would be great if filers didn't have to include the I-864 at the time of filing and the only true way of knowing this is for someone to test the waters.

Good Luck

Rete

nathan barley

We submitted it for the same reasons Rete stated.

It doesn't cost you anything apart from your time and some effort, so why risk an RFE if it was required?

Savannah

Hi,
I filed for aos in NYC in may 2003. My lawyer advised me not to file the I-865 too. She said since it takes more than 2yrs for an interview we will need to submit a new one anyway. Our paperwork (minus I-865) was accepted. I got my ead on aug 29th.
I hope this helps you.

Savannah.

Rete

You mean the I-864? And yes it does Savannah. Thank you.

Rete

Jxab12

I also filed I-864 with AOS docs in NYC in July 2002 - better safe than sorry. I'd much rather send too much than not enough.