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Do I Need to File Form I-864 as an Affidavit of Support?

Hi William,

My employment based Form I-140 application has been approved in the category of EB1 Extraordinary Ability, with the great help of your excellent Do-It-Youself package of EB-1A. Now, I need to file Form I-1485 for myself, my wife and my son to get the Green Card for my family members. Do I need to file Form I-864 as an Affidavit of Support?


If you have family members as your dependents to file Form I-485 applications after the employment-based Foprm I-140 approval, then you should file a Form I-864 as your financial support for your dependents.

The Form I-864 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:

1) Applicants for family-based immigrant visas;

2) Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition.

As the person completing Form I-864, you are the sponsor. By signing this form, you agree to financially support an immigrant who applies for adjustment of status to become a lawful permanent resident.
In most cases, the sponsor must be the individual who filed the immigrant petition for the intending immigrant.

If the individual who filed the visa petitioner or a substitute sponsor signs this form, but is unable to meet the financial requirements, another individual must also sign a separate form as a joint sponsor to meet the financial requirements. Each sponsor needs to submit taxes and W2’s if he or she is not using an IRS printout, or provide a reason for not filing taxes.

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