Several questions about I-134.

B

blueredsky

Registered Users (C)
My employment-based I-140 (Eb1a) was approved. I will file I-485 for my wife while filing my own. So I need file an I-134 for my wife, who is currently a F-1 student. I have the following questions.

Item 8: She has RA and TA support. Can I say she is partially dependent or not. Do I need also submitted her offer letter or payroll stub?

Item 3: We don’t have kid yet. Can I just input “none” in both spouse and child’s names while “Name of spouse and children accompanying or following to join person” are asked?

Item 11: My wife is in US now, and will not go back to our own country before getting the GC. Do I just skip this item?

Last question: While preparing the employment letter, my boss doesn’t want to say that my position is permanent because he thinks that only tenured professor is permanent. Although I can work here as long as I can, it is still not permanent. What can I do? Will it hurt me if he adds “temporary position” in the employment letter? Otherwise, is it OK if we just don’t mention it?
 
Your wife is your dependent as far as her permanent residency process is concerned as she seeking PR as your derivative. You do not need to attach proof of her income as long as your income is of a level that would adequately support both of you. In compiling your papers, the idea should be to include exactly (and only) those documents that are needed by the rules. Additional paperwork is usually dysfunctional.

If your employer is unwilling to provide a letter of employment mentioning the 'permanent' word, you can have them say the position is indefinite. Nothing is permanent and the INS accepts this, but they will have questions if it is mentioned as temporary.

Separately, I am not sure, but I do not believe EB-1(a) needs a sponsoring employer. You are allowed to sponsor yourself, but you may be asked to show evidence later that you continue to work in the area of your expertise based on which your I-140 is approved.
 
Item 11 says:
(Complete this block only if the person named in the item 3 will be in the United States temporarily.)
That I intend do not intend, to make specific contributions to the support of the person named in item 3. (If you check "intend," indicate the exact nature and duration of the contributions. For example, if you intend to furnish room and board, state for how long and, if money, state the amount in United States dollars and state whether it is to be given in a lump sum, weekly or monthly, or for how long.)
 
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