i-134 section 10

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robin_m

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I'm trying to invite my in-laws to US and i've a question on i-134 (affidavit of support) section 10.

It asks if i've previously submitted visa petitions(s) to the Immigration and Naturalization service on behalf of any person?

I'm a green card holder now and my wife's I-485 application is pending. Our attorney filed her I-485 based upon my status then(AOS). So should i put her name for the above question question?

please advise. Thanks.
 
Originally posted by robin_m
I'm trying to invite my in-laws to US and i've a question on i-134 (affidavit of support) section 10.

It asks if i've previously submitted visa petitions(s) to the Immigration and Naturalization service on behalf of any person?

I'm a green card holder now and my wife's I-485 application is pending. Our attorney filed her I-485 based upon my status then(AOS). So should i put her name for the above question question?

please advise. Thanks.
Click to expand...

Answer YES, otherwise it would be considered lying.
 
thank you nkm-oct23. you seems to have lot of knowledge in these. however i'd like to know your reasoning behind the answer. I read on the forum that applying for i-485 isn't same as applying for visa petition. So you are saying I've submitted my wife's Visa petition?
 
Last edited by a moderator:
Originally posted by robin_m
thank you nkm-oct23. you seems to have lot of knowledge in these. however i'd like to know your reasoning behind the answer. I read on the forum that applying for i-485 isn't same as applying for visa petition. So you are saying I've submitted my wife's Visa petition?
Click to expand...

What BCIS wants to know is whether you have sponsored anyone to become an immigrant. This is to know if you have any financial commitment on another immigrant. Since your wife is your dependent, you have sponsored her.
 
wrong!!!!!

Sponsoring for spouse's I-485 is not same as applying for immigrant visa petition. I too have been assuming them to be the same untill I got clarified from my Lawer's Legal Assistant.

An immigrant petition is I-140(or family based Immigrant visa application also I guess it is I-130 or something). Thus the question actually refers to the case, where the spouse has been sponsered by an employer for an I-140 or not?

On the contrary, I-485 is just a change of status based on an underlying I-140 of the primary applicant....

Thus if you are sponsoring someone's non-immigrant visa(B for example for your parents or in-laws ) and they had never had any I-140 or I-130 filed on their behalf.. You would say NO this specific question..


get_a_life .. not a lawyer..
 
Re: wrong!!!!!

The reason for asking this question is as follows. All intending immigrants need to prove that they will not become public charge. By filing for your wife's I-485, you are undertaking that she will not become a financial charge and that YOU are responsible for it. BCIS wants to know for how many people you have undertaken such a financial responsibility.

To be eligible to apply for I-485 you should have an approved visa petition (in most cases). In your case, your employer submitted the petition. In your wife's case, you are the petitioner (and therefore the sponsor). In your case the employer undertakes to pay you a salary (and therefore keeps you from becoming a public charge) In your wife's case you agree to take care of her financial needs.
 
Mixed responses

I've seen mixed responses for this question. Anyway, i already sent the paper work and wrote my wifes name under question 10 in i-134. I'll see what happens.

anyother experiences are welcome
 
I realize that my reply is somewhat moot since robin_m has already filed form I-134 but here goes anyway.

nkm-oct23 wrote:

By filing for your wife's I-485...
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Form I-485 is filed by the applicant directly and not by the applicant's spouse. It appears that robin_m became a permanent resident through the employment option (labor certification -> I-140 -> I-485 -> g.c.); it also appears that his wife filed her I-485 based on the approval of his I-140 petition. Given this scenario, robin_m would not have had to mention his wife's name in section 10 of form I-134.
 
Form I-485 is filed by the applicant directly and not by the applicant's spouse. It appears that robin_m became a permanent resident through the employment option (labor certification -> I-140 -> I-485 -> g.c.); it also appears that his wife filed her I-485 based on the approval of his I-140 petition. Given this scenario, robin_m would not have had to mention his wife's name in section 10 of form I-134. [/B][/QUOTE]

His wife is listed as a dependent in I-485. That is what I meant.
 
His wife is listed as a dependent in I-485. That is what I meant.
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Where is his wife listed as a dependent? In Part 3B. an applicant merely lists his/her spouse and children. This does not imply that the people listed here are dependents.
 
I just heard from my In-laws that they got visa issued. Don't know how long is the visa valid or any other details.

so i guess it doesn't hurt to put wife name in i-134 sectoin 10.
 
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