ppunu

Hi all, My friend is getting ready to apply for his I-485 based on his I-140 approval
in the EB3 category. His wife will be filing I-485 along with him based on his I-140
approval. Question is whether he needs to fill out two Affidavits of Support, one for
him and one for his wife? His attorney says he needs someone to give him an Affidavit
of Support and then he needs to give an Affidavit of Support for his wife.

I think he does not need any, and only his wife needs one from him.

Also, will this be I-134 and I-864 ?

thanks, ppunu

Sylvia Ottemoeller

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No.

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Well, I don't think either one needs one. I have seen many I-140-based I-485s filed
with a simple letter verifying the offer of employment for the principal, and a copy
of that letter with the dependents's I-485.

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It could only be I-134, because I-864 is appropriate only for cases in which there is
a family relationship between the petitioner and the beneficiary.

Ingo

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The attorney must have misunderstood something. For employment-based immigrants, the
I-140 takes the place of the affidavit of support; it guarantees that he will earn
sufficent money. For the wife, an I-134 is a good idea, although as Sylvia said, it
may not be needed, either.

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I-134.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee) http://www2.apex.net/users/thehydes
http://www.formshome.com http://www.workpermit.com

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