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srkumar_2k
07-25-2007, 10:20 PM
Hi,

I need a help for regarding Affidavit of Support.
I need to file I-485 on this month. My attorney is suggesting the
I-864 form for Affidavit of Support instead of I-134 affidavit of support.
My attorney is saying like this "However we prefer to use the I-864 Affidavit of Support as it is the current one and has never been rejected. On various occasion when we used the old I-134 Affidavit of Support, on cases such as yours, the BCIS requested that it be re-done using the newer form. If you'd like to proceed using the I-134, please let us know and we'll draft it. "


Almost all of my friends used I-134 Affidavit of support form.
Now i am confused with this one.

Please clarify me regarding this.

Thanks.

- Raj

immuser
07-25-2007, 10:44 PM
Hi,

I need a help for regarding Affidavit of Support.
I need to file I-485 on this month. My attorney is suggesting the
I-864 form for Affidavit of Support instead of I-134 affidavit of support.
My attorney is saying like this "However we prefer to use the I-864 Affidavit of Support as it is the current one and has never been rejected. On various occasion when we used the old I-134 Affidavit of Support, on cases such as yours, the BCIS requested that it be re-done using the newer form. If you'd like to proceed using the I-134, please let us know and we'll draft it. "


Almost all of my friends used I-134 Affidavit of support form.
Now i am confused with this one.

Please clarify me regarding this.

Thanks.

- Raj

If you are applying for 485 based on I-140 filed by your employer and if your spouse's application is a derivative of your's then no affidavit is required. The employment letter itself does the job of proving financials. Affidavit it is needed only for family based 485 applications.

I read the the instructions in the forms and also called USCIS and this is wat they also told.

But there seems to be a confusion regarding this, some suggest 134 some 864 . I think it does not matter if you submit either one because USCIS is probably ignoring it.

gc_aspirant_prasad
07-26-2007, 12:31 AM
My attorney did not require an affidavit of support as well.
So I think immiuser has it right.

sanjeev_2004
07-26-2007, 02:38 AM
i was confused too. My attorney was saying there is not form required since begning. After asking many times again my attorney told if you are 5% or more owner of your company then only any form is required. otherwise no form is needed. I think more 90% guy send support form but USCIS ignore them. They can not reject application for extra forms so accept the application but ignore the form.

chanduv23
07-26-2007, 07:03 AM
My Attorney also insisted on the i 864. I completed it, notarized it and sent it.

rajeshalex
07-26-2007, 08:12 AM
My attorney asked me to fill I-134. He said even though I-134 is expired, salary from the job offer letter is enough to prove the financial part.

And the signing on I-134 states that you are going to support your spouse.

So whoever fills I-134 or I-864 both are good enough. No need of panicking.

Rajesh Alex

gimme Green!!
07-26-2007, 09:42 AM
I have also heard from friends that I-864 is not required.
But since my almighty attorney asked for it, i filled it and send the evidences like bank stmt, W2s, tax forms, etc.
USCIS might be just ignoring it.
As someone pointed, they cannot reject for 'infirmation overload'.

My attorney asked me to fill I-134. He said even though I-134 is expired, salary from the job offer letter is enough to prove the financial part.

And the signing on I-134 states that you are going to support your spouse.

So whoever fills I-134 or I-864 both are good enough. No need of panicking.

Rajesh Alex

sparky_jones
07-26-2007, 09:45 AM
I have also heard from friends that I-864 is not required.
But since my almighty attorney asked for it, i filled it and send the evidences like bank stmt, W2s, tax forms, etc.
USCIS might be just ignoring it.
As someone pointed, they cannot reject for 'infirmation overload'.
...but information overload can bloat your file and treat it like a complicated case, causing it to be set aside for later adjudication. Lighter files are low hanging fruit that get picked earlier.