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Does my wife need to file ‘Form I-864• (affidavit of support)? She has herself-petition EB1A petition approved. She is applying for her change ofstatus.
No.An I864 Affidavit of Support is not needed for Adjustment of Status in anemploymentbased category unless the petitioning business is 5 or more ownedby the applicant’s family. Since this petition was not filed by a business anI864 Affidavit of Support is not needed.
How should a petitioner fill in Part 5 Household Size of the form I-864Affidavit of support if he would like to sponsor 2 principal immigrants at thesame time? Each family has 4 members.
Each principal beneficiary and their family is petitioned with a separateI130 petition and each I130 petition has a separate I864 Affidavit ofSupport. Each family’s I864 does not count the other family in the “familymembers” in Part 3 note that it says “Do not include any relative listed on aseparate visa petition.”.If the two I864s are filed at the same time for the two families then eachfamily’s I864’s household size Part 5 would just count the number of peopleimmigrating in that family which is 4 item 1 the petitioner item 2 andthe petitioner’s spouse item 3 dependent children item 4 and other taxdependents item 5 if there are any. It would not count anyone from theother family.On the other hand if one I864 is filed for one family and that family hasalready immigrated before the second I864 is filed for the other family thenthe first family’s members will need to be counted in Part 5 item 6 peoplesponsored on Form I864 who are now lawful permanent residents for the secondfamily’s I864.
Is it mandatory to bring the I-864 (Affidavit support) and federal income taxto the visa interview for the F1 family case?
Step 5 Collect Supporting DocumentsYes. See step 5. If there are no supporting documents when you areinterviewed you probably cannot be approved. This would not be the case ofcourse if your affidavit of support was made by someone well known to besufficiently wealthy by the Consulate staff. This is something that applicantsoften believe it is rarely true.
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