S*****0
发帖数: 816 | 1 在皮匠博客提到的485 supporting documents 有:
Form I-864 （FB，及占所有权多于5%的 EB）
FB 指的是Family-based,啥是占所有权多于5%的 EB。
象我基于EB1a I-140批准件递交485， 需要填I-864表吗？如果要填， 主申请人和副申
请人都要填吗？ | l******5
发帖数: 3030 | | m******p
发帖数: 45 | 3 象我基于EB1a I-140批准件递交485， 需要填I-864表吗？如果要填， 主申请人和副申
请人都要填吗？
=> If you have family members as your dependents to file I-485 applications
based on your EB1A I-140 approval, then you should file a Form I-864 as your
financial suppport for your dependents.
The answer of "laoda555" is NOT correct. | l******5
发帖数: 3030 | 4 NOOOOOOOOO。The answer of "laoda555" is CORRECT. | c**2
发帖数: 8496 | 5 mvectorp info is WRONG. EB I-485 derivatives do not need I-864, also EB I-
485 principals are NOT eligible as I-864 sponsors even if they want to file
I-864. | S*****0
发帖数: 816 | 6 貌似不需要填。看了一下表， 怪复杂的， 不打算填了。
谢谢各位的回复。
【在 S*****0 的大作中提到】
: 在皮匠博客提到的485 supporting documents 有:
: Form I-864 （FB，及占所有权多于5%的 EB）
: FB 指的是Family-based,啥是占所有权多于5%的 EB。
: 象我基于EB1a I-140批准件递交485， 需要填I-864表吗？如果要填， 主申请人和副申
: 请人都要填吗？
| m******p
发帖数: 45 | 7 laoda555 & ch12:
Please read the Form I-864 Instruction CAREFULLY at:
http://www.uscis.gov/files/form/i-864instr.pdf | c****t
发帖数: 19049 | 8 你自己没弄明白“dependent”是啥意思
【在 m******p 的大作中提到】
: laoda555 & ch12:
: Please read the Form I-864 Instruction CAREFULLY at:
: http://www.uscis.gov/files/form/i-864instr.pdf
| l******5
发帖数: 3030 | 9 mvectorp同学，你显然是将FB与EB搞混了。 对于EB移民是不需要填这个864的。 顺便
说一句， 俺老大是过来人， 从未填过这个劳什子的864
【在 m******p 的大作中提到】
: laoda555 & ch12:
: Please read the Form I-864 Instruction CAREFULLY at:
: http://www.uscis.gov/files/form/i-864instr.pdf
| m******p
发帖数: 45 | 10 To laoda555, ch12, casact, and potentially many other friends:
Initially, I did not want to spend too much time on the Form I-864 question,
because I believe that the Form I-864 question is simple and a common sense
for the immigration community. Therefore I only provided a simple answer
and then a link to USCIS instruction.
But now, I see there is still misunderstanding and confusing for many people
in this forum, including "过来人" and many seniors. So I decide now to
spend some time to five a more detailed explanation about Form I-864 and
financial sponsoring for immigration in general. But I still want to keep
the answer as simple as possible here.
1) USCIS provide 2 forms (Affidavit of Support) for sponsoring an alien's
visa/immigration application. The first form is called "Form I-134 -
Affidavit of Support", which is used generally for a U.S. Citizen/ Green
Card holder to sponsor a non-immigrant visa application for the beneficiary
to enter U.S., such as with B2, K1, K3 visas. We will not talk about Form I-
134 here.
The second form of Affidavit of Support is called "I-864, Affidavit of
Support Under Section 213A of the Act", which is used a U.S. Citizen/ Green
Card holder to sponsor an immigrant visa application (Green Card application
).
2) Let us look at USCIS explanation for "Who Needs an Affidavit of Support?"
http://travel.state.gov/visa/immigrants/info/info_3183.html, or you can also check Form I-I-864 instruction):
"Who Needs an Affidavit of Support?
This form is legally required for many family-based and some employment
based immigrants to show they will have adequate means of support after
immigration to the U.S. Generally, the following intending immigrants need
an Affidavit of Support:
(a) Applicants for family-based immigrant visas, including certain orphans.
(b) 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"
3) Now I will explain the above USCIS definition for "Who Needs an Affidavit
of Support?" We know all family-based immigrant visas need to file Form I-
864. No argument here.
Then the misunderstanding and confusing come for many people in this forum
for "employment-based immigrant visas", because it gets more complicated for
employment-based situation.
According USIS, there are 2 cases that the Form I-140 beneficiary needs to
file Form I-864 for "a relative", or for himself/herself: 1) "Applicants for
employment-based immigrant visas where a relative filed the immigrant visa
petition", or 2) Applicants for employment-based immigrant visas, in which
the alien applicant "has a 5 percent or greater ownership interest in the
business that filed the petition"
I will explain the above 2 cases in detail below:
Employment-Based Situation #1: if the Form I-140 beneficiary is single (not
married), then he or she does NOT need to file Form I-864, because it is
employment-based, and he or she has no one to support.
Employment-Based Situation #2: if the Form I-140 beneficiary has married. To
support the spouse/child's I-485, the I-140 beneficiary needs to file Form
I-864 as financial support document.
Employment-Based Situation #3: if the Form I-140 beneficiary and his/her
employer (I-140 sponsor) has a business relationship (has a 5 percent or
greater ownership interest in the business, such as own a car garage
together), then Form I-140 beneficiary needs to submit Form I-864, even if
he/she is single and no one to support financially.
4) I try to make the answer here simple, but it still too long. If you still
cannot understand or not believe what I said here, I will not spend more
time to try harder to convince you. Or you can ask some lawyers on this web
site (hopefully that lawyer understand it). I know it may be possible that
some people have not submitted Form I-864 to USCIS before, but it does not
mean this form is not needed by USCIS for Employment-Based immigration. | s***n
发帖数: 1280 | 11 "Employment-Based Situation #2: if the Form I-140 beneficiary has married.
To support the spouse/child's I-485, the I-140 beneficiary needs to file
Form I-864 as financial support document“
这个我不同意。
(1) 见I485的官方说明：
"Submit an Affidavit of Support (Form I-864) if your Form I-485 is based on
your entry as a fiance(e), a relative visa petition (Form I-130) filed by
your relative, or ..."
显然这里是说亲属移民的情形，不适用于I-140。
(2) 见I864的官方网页说明：
"Sponsor for Affidavit of Support
If you filed an immigrant visa petition for your relative, you must be the
sponsor. You must also be at least 18 years old and a U.S. citizen or a
permanent resident. "
显然凭I-140夫妻一起file 485的人不符合条件。
question,
sense
people
【在 m******p 的大作中提到】
: To laoda555, ch12, casact, and potentially many other friends:
: Initially, I did not want to spend too much time on the Form I-864 question,
: because I believe that the Form I-864 question is simple and a common sense
: for the immigration community. Therefore I only provided a simple answer
: and then a link to USCIS instruction.
: But now, I see there is still misunderstanding and confusing for many people
: in this forum, including "过来人" and many seniors. So I decide now to
: spend some time to five a more detailed explanation about Form I-864 and
: financial sponsoring for immigration in general. But I still want to keep
: the answer as simple as possible here.
|
|
