Urgent: I-134 or I-864 when file 485 (EB2)

F

fq01803god

New Member
Hi, expert,
I am preparing 485 forms. Since my wife is filing with me, she needs a Affidavit of Suppoty. My lawyer give me I-134. But my friend told me he used I-864. My laywer said I-134 is for employment based and I-864 is for family based.
Pleased clarify.

Thanks
 
If employment based then I-864

Hi fq01803god

I have applied my 485 couple of months back ,i am the primary applicant and for my wife (who is a derivative applicant).My attorney
gave me I-864 (affidavit of support) form for filing along with others.

Hope this help\'s.
 
I-134 or I-864?

I have two lawyers and each gives a different opinion--one says I-134 while the other says I-864; just like two economists who never agree--they only change their assumptions when predictions dont go right! In multiple cases my experience is both are equally acceptable to INS; since I-864 is more elaborate, no harm done by filing I-864. If one reads the instructions strictly, though, in most cases I-134 should suffice, unless a relative owns the employing organization with significant investment.
 
Here\'s the deal!

An I-134 is used for nearly all employment based petitions. The only time that an I-864 is used for an employment based petition is when there is an immediate relative who is an officer of the sponsoring corporation.

Cases are different.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
Jim Mills--let me know, thanks for info

Hi Jim

In my case ,with all details as above, if filed I-864 FOR AFFIDAVIT OF SUPPORT (for my wife along with all i-485 forms),then i am okay.

Let me know what is your take on this.

Thanks in advance for the info.
 
You probably should have filed an I-134

INS will do one of 2 things, either accept the I-864 and process the case or issue an RFE for the I-134.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
I-134 or I-864?

I have in my experience never seen an RFE for I-134 when I-864 was filed. All cases were approved without demur!
 
Me either but I\'ve never screwed up and filed and I-864 by mistake

My experience with this is therefore limited.

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
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