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-   -   DO NOT IGNORE the initial evidence. You will get denied. (https://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/5646-do-not-ignore-the-initial-evidence-you-will-get-denied.html)

logiclife 06-25-2007 07:41 PM

DO NOT IGNORE the initial evidence. You will get denied.
 
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.

So it is very risky to send 485 without that coz it could get denied without you ever seeing an RFE. This is done to speed up processing times and force applicants to file petitions properly the first time so that the time wasted in RFEs and responses to RFEs can be minimized.

The time to respond to RFEs is also now going to be very short, maximum time to respond will be 12 weeks.

Ask your lawyer if he has read the USCIS memo on June 17th.

If he hasnt, then send him/her this link:

http://www.uscis.gov/files/pressrele...Rule060107.pdf

Quote:

3. Adjudicator’s Field Manual (AFM) Updates
Chapter 10.1(c) is revised as follows:
Chapter 10.1(c) Receipting and Acceptance Processing. [Chapter 10.1(c) update effective June 18, 2007.]
(c) Initial Evidence Requirements. Certain requirements must be met before USCIS may consider an application or petition for possible approval. The instruction sheet for an application or petition includes requirements for proper filing of each type of application or petition. Every application or petition, regardless of the benefit sought, must include complete information in all required blocks, be signed, and – unless the fee is waived – include the correct fee.

If an application or petition lacks the required initial evidence, USCIS may deny the incomplete application or petition, though adjudicators are urged to exercise this option judiciously, or issue a request for evidence (RFE). USCIS may assign flexible times for applicants or petitioners to submit a response to an RFE. See Appendix 10-9. However, the maximum time to respond cannot exceed 12 weeks. 8 CFR 103.2(b)(8)(iv).
Some lawyers have previously stated that you can send 485 without employment verification letter and by the time RFE comes, 180 days would have passed and you can send your new employer's letter therby completely bypassing your current employer in 485 filing. This may not work anymore after this memo. If you are planning to send your 485 without employer's letter discuss this memo with your lawyer.

The initial evidence for each of the forms is listed on the form itself under filing instructions.

Although the officers have been asked to judiciously use the option of deny a petition outright without sending RFE, they COULD do so.

Employment verification letter is listed in the intial evidence on 485 form, so DO NOT send your 485 without sending employment verification letter and if you do, please discuss this memo with your attorney and make sure you know what you are doing.

sertasheep 06-25-2007 07:52 PM

To add to logiclife's analysis:

Some attorneys have in the past advised that certain documentation such as the medical exam need not be completed and submitted when initially filing the 485.

However, in light of the recent memo issued by USCIS, members are advised to use the utmost caution to ensure their supporting documentation is complete and comprehensive.

subba 06-25-2007 07:58 PM

Affidavit of support?
 
My lawyer did not ask me to fill out any affidavit of support for my wife.
Looking at the filing instructions, I could not quite make out if that is considered
initial evidence or no. Can anyone comment?

xyz 06-25-2007 08:15 PM

Quote:

Originally Posted by subba
My lawyer did not ask me to fill out any affidavit of support for my wife.
Looking at the filing instructions, I could not quite make out if that is considered
initial evidence or no. Can anyone comment?

Affidavit of support is not required for the people who file under the employment category. The future job position for which you are becoming eligible to get permanent residence is sufficient to prove that you can support yourself and your dependents.

amsgc 06-25-2007 08:18 PM

Quote:

Originally Posted by xyz
Affidavit of support is not required for the people who file under the employment category. The future job position for which you are becoming eligible to get permanent residence is sufficient to prove that you can support yourself and your dependents.

That makes a lot of sense. And I have been going back and forth in my mind about the affidavit. Had I not come to this forum I would have probably not thought twice about the affidavit - but it is hard to ignore posts where people have indicated that they filed the affidavit, and also some lawyers have advised them to.


Finally, I think I will request my spouse to add the I-134 in her application, as additional supporting documents, and end the story there.

paskal 06-25-2007 08:30 PM

support
 
amsgc if you read the I-865 instructions and the I-485 instructions it's very clear (by my humle reading) that EB applicants do not need that form or any affidavit of support.
of course you can always add supporting documents....

mariusp 06-25-2007 08:33 PM

Can someone post the list of documents that MUST be included as initial evidence? We could use that as a checklist and compare to what our lawyers requested from us.

ilikekilo 06-25-2007 08:39 PM

Quote:

Originally Posted by paskal
amsgc if you read the I-865 instructions and the I-485 instructions it's very clear (by my humle reading) that EB applicants do not need that form or any affidavit of support.
of course you can always add supporting documents....





i am filing affidavit of support for my spouse, per my lawyer

chanduv23 06-25-2007 08:45 PM

I am also asked by lawyer to file for affidavit of support for my wife, form i 864. Has anyone done this before?

gcnirvana 06-25-2007 08:46 PM

Doc Lists from my Lawyer
 
  • Copy of passport; visa; I-94 [all pages with stamps]
  • Current H-1B approval and recent pay stubs.
  • 3 years of tax returns
  • Birth Certificate (if not give us affidavits of BIRTH from your parents and/or close relatives)
  • Marriage Certificate
  • Birth Certificate of spouse and children
  • Visa, passport and I-94s of all dependent beneficiaries:
  • Medical Reports of all applicants
  • Pictures of all applicants (6 passport size pictures for each)
  • All I-130 or I-140 approval and documents received from the Visa Center or Immigration

He didn't mention anything about EVL but I think thats the reason he asked for the Paystubs. But anyways, I will insist my employer to send the EVL to our attorney.

Guys, please post your docs list too...thanks!

InTheMoment 06-25-2007 08:50 PM

This is a very pertinent message.

Although please note it is applicable only for those whose I-485 receipt date falls AFTER the effective date of the memo which happens to be June 18, 2007.

mallikonnet 06-25-2007 09:25 PM

what are the documents required for Initial Evidence

I think Employment Letter, Labor Certification, I-140 Approval Notice(if you have one), Birth Certificate, Marriage Certificate and what else????

WaitingForMyGC 06-25-2007 09:39 PM

My employer is blackmailing me to sign a new 2 year contract with him to get an employment verification letter.I already completed initial 2 year contract with them and also paid for whole GC process. I would have liked it if emplymemt letter is not part of the initial evidence. All these Desi(Indian) consulting company sucks. It is so frustrating.......

mallikonnet 06-25-2007 09:44 PM

Quote:

Originally Posted by WaitingForMyGC
My employer is blackmailing me to sign a new 2 year contract with him to get an employment verification letter.I already completed initial 2 year contract with them and also paid for whole GC process. I would have liked it if emplymemt letter is not part of the initial evidence. All these Desi(Indian) consulting company sucks. It is so frustrating.......

you know what take a voice recorder hidden in pocket and talk to him about emplyoment letter and 2 year contract and say yes and sign the contract and get the employment letter and wait until you get your 180 day AC21 and then do your whatever you want.

logiclife 06-25-2007 09:46 PM

Contracts mostly dont work.
 
Quote:

Originally Posted by WaitingForMyGC
My employer is blackmailing me to sign a new 2 year contract with him to get an employment verification letter.I already completed initial 2 year contract with them and also paid for whole GC process. I would have liked it if emplymemt letter is not part of the initial evidence. All these Desi(Indian) consulting company sucks. It is so frustrating.......

In most cases, such agreements do not hold up in court. Talk to a lawyer and get the contract a little loose and create a loophole that you can walk out of. I have heard many cases where the company actually drags the employee to court for violating the contract and quitting before the contract expires. And in most occassions, the judge has ruled in favor of employee. Contractual agreements have to be in accordance with the law and may or may not even hold up in court. Plus, desi bodyshops dont have the power to drag people to court because it costs a lot more to sue someone and in the end, the person might declare bankruptcy.


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