485 for spouse, do we need 864??

T

techy2468

Registered Users (C)
my university suggested that i need to fill 864, but reading the form it appears we may not need it.

we are Employment based with I-140 approved....planning to file EAD,AP & 485 concurrently
 
techy2468 said:
my university suggested that i need to fill 864, but reading the form it appears we may not need it.

we are Employment based with I-140 approved....planning to file EAD,AP & 485 concurrently
Click to expand...

You do not need I864. It is only for FB cases. You have to use I-134. But some people skip even that also.
 
thanks tammy2...... i wonder why this confusion??......maybe because spouse is a dependent and one thinks that it comes under FB, but i am sure if 485 is not approved both are under EB....
 
techy2468 said:
my university suggested that i need to fill 864, but reading the form it appears we may not need it.
---- you need to send I-134 Notarized for all dependents
we are Employment based with I-140 approved....planning to file EAD,AP & 485 concurrently
Click to expand...
 
Yes, and only I-134 and it really depends if dependants are 'REALLY" dependants, meaning they are H4s. If they are H1-Bs also, then you don't need to support them. If H1Bs then they can submit employment letter. Also I read somewhere that submitting employment letter with salary above poverty lines is enough prove for not becoming a public charge. And if you have dependants that are US citizen children you don't need to support them, or include them in I-134. Good luck!
 
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