I-485 Part 5

[Signal]

Hey, did you guys fill out and sign part five of the I-485?...Or is this if my wife was paying someone else to do it for her such as a lawyer or translator?...I was about to complete it with my info until I saw the "Firm Name and Address" part...

 

Thanks!

 

[hakkamike]

Hey, did you guys fill out and sign part five of the I-485?...Or is this if my wife was paying someone else to do it for her such as a lawyer or translator?...I was about to complete it with my info until I saw the "Firm Name and Address" part...

 

Thanks!

 

I filled out that part and just left the Lawyer part blank, legally it is her document to fill out. Just because you are married to her or him does not give you the legal right to fill it out for him or her and not fill out the part 5. I am sure that at least 70 will say they just filled it out for their spouse and did not fill out the part 5. You will not want to go to your interview and have the Officer ask your wife questions that are on the l-485 and not know them and have the officer ask the question, you did fill this out on your own! Just my thinking..

Edited May 21, 2007 by hakkamike (see edit history)

[tywy_99]

Just leave it blank even if you are filling out the form for your wife. Part 5 is an attorney or professional immigration service to fill out.

I'm looking at it right now. I didn't fill it out. Don't worry about it.

[hakkamike]

Just leave it blank even if you are filling out the form for your wife. Part 5 is an attorney or professional immigration service to fill out.

I'm looking at it right now. I didn't fill it out. Don't worry about it.

It is for anyone filling it out other than the person that is for.

[Signal]

Wow you guys are fast!...Thank you very much!...Two very different answers and I agree with both of you!...But I'm thinking at the moment I will leave mine blank...I thought there was a similar question on one of the forms to get our K-1 visa but I can't remember what I did...I'll have to go back and check my copies...Thanks again fellas!...

 

[tywy_99]

Just leave it blank even if you are filling out the form for your wife. Part 5 is an attorney or professional immigration service to fill out.

I'm looking at it right now. I didn't fill it out. Don't worry about it.

It is for anyone filling it out other than the person that is for.

It may be, but I didn't fill it out. To each his (or her) own.

[Signal]

Hmmmm...I think I was thinking of the I-129F...But in that case I was the petitioner...You guys both make good points, I have a little time before I send in my packet...

[dnoblett]

Just leave it blank even if you are filling out the form for your wife. Part 5 is an attorney or professional immigration service to fill out.

I'm looking at it right now. I didn't fill it out. Don't worry about it.

It is for anyone filling it out other than the person that is for.

It may be, but I didn't fill it out. To each his (or her) own.

I did not do part 5 either.

[jim_julian]

I strongly recommend that you fill out Part 5 on the I-485. Otherwise, in a strict interpretation, you are filing a fraudulent form if you assisted or filled it out.

 

For my wife in the space for "Firm" I entered "Husband" and then my address. For our daughter, I entered "Stepfather" and our address. In each case I also included my e-mail address.

 

In addition, for each filing I make on behalf of my wife or daughter I include the Form G-28 "Notice of Entry of Appearance as Attorney or Representative". I do this because I got tired of having to teleconference in my wife when I wanted to discuss her case with USCIS. On this form I am designated as "representative" and wife or stepdaughter sign as authorizing USCIS to release info and discuss the case with me.

 

I recommend you do the same ... there is no down side.

[yuan fen]

Part 5 on the I-485, then I-131 and I-765 if one is filing this as well.

 

Okay.

 

Well, Jie speaks little English, conference call or not.

 

G-28. All the way.

 

 

 

 

 

I will include a G-28 with each application.

 

So, "In re:" goes App. #, but what in the "File# box?????

 

A#?

 

Is it a file # stemed from the office of the attorney?

 

The information I found today, 2003, go figure.

 

States "for all applications, if filing concurently photocopies are acceptable, but why not just file all signed copies. This was from VSC.

 

 

thanks Randy.

[SirLancelot]

I strongly recommend that you fill out Part 5 on the I-485. Otherwise, in a strict interpretation, you are filing a fraudulent form if you assisted or filled it out.

 

That's some strong words there Jim.

 

I hope Texas Lawyer Lee sees this thread and chimes in with his take on it.

 

It is my belief that so long as the applicant reviews and signs the actual form him or herself that filling out the form is simply a manual task that anyone can legally do, be it a secretary, a friend, a spouse or whomever. But the applicant must sign the actual I-485.

 

Like any application form, anyone can fill out the forms, but the actual person must review and sign the application him or herself once it's been prepared.

 

Part 5 is generally reserved for an attorney or a member of the clergy who is representing or helping the applicant. I do however believe that a spouse can fill in part 5 if he or she wants to so that he or she will have future authority to represent and directly correspond with USCIS on behalf of the applicant. I wish I filled out Part 5 so that I would more easily be able to contact USCIS on my wife's behalf. But I absolutely don't believe the spouse must fill out Part 5 simply for filling out the application for his or her spouse, as long as the spouse reviewed the actual application and signs the actual application him or herself.

 

If it was really necessary for the spouse to fill out Part 5, I strongly believe there would be a lot more instructions, warnings and disclaimers making sure that every spouse definitively filled out Part 5.

 

I'm not a lawyer. This is my interpretation. Others are free to disagree.

[yuan fen]

more easily be able to contact USCIS on my wife's behalf.

 

That was just my thought.

 

Never know what USCIS will pull, being change to the system. 07-30.

 

G-28 signs consent to do that it seems.

 

Possible it makes not a "hill of beans," but why not.

 

Just another form to fill out.

 

Anyway, just a thought.