Urgent!! Which affidavit form needed for CP employment based?

M

Marta

Registered Users (C)
I just got a surprised e-mail from my lawyer. He told me that my affidavit I-134 is not correct for sponsoring my family. I was pretty sure when going for employment based CP I have to file I-134. He insists that I have to file I-864 and I-864 A.
I looked into this and the instructions for I-134, I-864 and I-864 A are as clear as mud. There is also something about DS-2000 not becoming public charge. Anybody knows for sure and why???

Thanks a lot!

Marta
 
Marta

You are correct. You need I-134 for your family.
"For married applicants (employment based), Form I-134 (Affidavit of Support) should be submitted at the time of interview."
You can also confirm with Prague consulate. If your attorney insists for I-864, Then you may go for both the form, but definitely keep I-134.
 
No Title

Chuck,
Thanks for your response. Would you have any source to your:
"For married applicants (employment based), Form I-134 (Affidavit of Support) should be submitted at the time of interview."

Thanks!
 
Marta. Hope this helps

This is from Ron Gotcher. Rajiv Khanna also suggests for I-134. I am also posting from Murthy.com.

I very strongly recommend using an I-134 for all dependants. Those who do, rarely have problems. Those who don\'t, often have problems.

Ron Gotcher
Gotcher, Richmond & Associates, LLP
Attorneys at Law
15300 Ventura Boulevard., Suite 507
Sherman Oaks, CA 91403

Tel: 818-990-4922
Fax: 818-990-4964

Chat User : Great service Ms Murthy. For I-485, who should file I-864 and who should file I-134? Thanks.

Attorney Murthy : In Employment-based cases only the I-134 is required unless a family member or relative owns 5% or more of the sponsoring employer, in which case the I-864 is required. All family-based cases require the I-864.
 
No Title

Read my post answering yours in "After Green Card" section and/or I864 instructions.
 
I agree

Hi Marta:

Consular Processing is not my strong suit but here goes. It looks to me that the I-864 is used only in Family Based Immigration and in employment based immigration when there is an close relationship to a person with an ownership interest in the sponsor company. The DOS webpage states that an I-864 is required for:

Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition.

Assuming that is not the case for you it appears that the I-134 is the form that you need to file. Again, I\'m not absolutely certain about this but I am about 99% sure.

You can research this further at http://travel.state.gov/visa_services.html.

WWW.immihelp.com states:

I-864 Affidavit of Support. This form will be sent ONLY FOR Family Based Immigration and NOT for Employment Based Immigration. For married applicants(employment based), Form I-134 (Affidavit of Support) should be submitted at the time of interview.

Look under Packet 3 for Consular Processing to see the quote above.

Jim
 
I-134 or I-864 in a Follow to join case

Mine is a follow-to-join case. I got my GC eight months back on EB2 category and my wife is doing a follow-to-join case. Which form do i file I134 or I864? Also who is the Sponsor - myself or my employer?

Should I put my name as the Sponsor since this is only a follow-to-join case Or should i put my employer name since this is an employment based case. Please advice.
 
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