An I-134 and I-864 question.

[blueredsky]

My I-140 (based on Eb1a) was approved, and I am filing I-485. I also need to file I-485 for my wife, which needs an “Affidavit of Support” form. There are two kinds of “Affidavit of Support”, one is I-134 and another is I-864. In this website, I found that some people are using I-134. But my lawyer let me prepare the I-864. Which form should I use? Is it very important to select a right form for my wife’s financial support? If I select the wrong, is it a big problem?

 

[sivajhu]

Employment based cases of AOS do not require an affidavit of support. Your letter of employment (with salary and other details) should suffice.

K.S.

 

[tammy2]

Use I-134 That is what i used.

 

[pcgccc]

sivajhu is right

If this is a EB based case - no need for affidavits of support.

 

[blueredsky]

I am empolyment-based. But my wife's I-485 is based on mine. What can I do now?

 

[sivajhu]

Originally posted by blueredsky
I am empolyment-based. But my wife's I-485 is based on mine. What can I do now?

Your wife's case is also considered Employment based.

K.S.

 

[mxc]

My attorney told me that affidavit of support is needed for all AOS, regardless of type and I did I-134.

 

[sivajhu]

Here is the extract from page two of Form I-485 (you can download the form from the BCIS website at URL: http://www.bcis.gov/graphics/formsfee/forms/files/I-485.pdf)

"Affidavit of Support/Employment Letter.

Affidavit of Support. Submit the Affidavit of Support (Form
I-864) if your adjustment of status application is based on your
entry as a fiance(e), or a relative visa petition (Form I-130) filed
by your relative or on an employment based visa petition (Form
I-140) based on a business that is five percent or more owned by
your family.
Employment Letter. If your adjustment of status application is
based on an employment based visa petition (Form I-140), you
must submit a letter on the letterhead of the petitioning employer
which confirms that the job on which the visa petition is based is
still available to you. The letter must also state the salary that
will be paid."

Two things are clear:

1. If at all you need an affidavit of support, it is form I-864 (NOT I-134). This can also be confirmed by reading the instructions for those two forms.

2. For EB cases, you dont need an affidavit of suport (unless the employer is a business that is five percent or more owned by
your family).


K.S.

 

[Sankrityayan]

This aspect of the process is designed to disallow applicants that could potentially become wards of the state.

Because you have a job that presumably pays an above-powerty-level wage, it is assumed that you can support yourself. Because your wife is married to you (but, of-course!), it is also assumed that you will be supporting her. Under US law, once you get married, supporting your spouse is not optional.

Having said all that, most lawyers just include an affidavit of support mainly to establish the fact that your income is sufficient to keep you and your family from becoming a ward of the state.