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E2 holder and affidavit of support in adjustment of status.

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  • E2 holder and affidavit of support in adjustment of status.

    My current status is a E2 investor visa, I am applying under the category of EB 2 NIW for the green card and also for an adjustment of status in concurring filling. I understand that I must submit the 864 for my dependent wife and my two daughters, but the I 864 form says that is ONLY FOR U.S. citizen, U.S. national OR lawful permanent resident. I don't have any of this conditions.
    HELP PLEASE!!!

  • #2
    You guys do not need I-864 Affidavits of Support since you are immigrating in an employment-based category, unless the petitioning company is more than 5% owned by your relative (which doesn't apply here since you're self-petitioned).

    You guys still need an I-944 however.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      We are doing exactly the same proccess, from E2 to EB2 NIW. You don't need to submit the I864 but don't forget to submit the I508, we didn't send it at the beginning and got a RFE two weeks ago asking us to send it. You have to submit an I508 for you and another one for your wife. I'm not sure about your daughters, I guess that if they are minors, you won't need to send it for them but I'm not sure.

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