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I-485, EB3 category submission both self and Wife; do I need to Submit I-864 also?

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  • I-485, EB3 category submission both self and Wife; do I need to Submit I-864 also?

    Please assist, as we are submitting I-485, EB3 category both self and Wife...Do we need to Submit I-864 also? it's not clear if EB category also needs to submit I-864 or not.

    Thanks in advance!

  • #2
    From: https://www.uscis.gov/sites/default/...i-864instr.pdf
    Who Needs to Submit Form I-864?
    The following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent resident in the United States:
    1. All immediate relatives of U.S. citizens (spouses, unmarried children under 21 years of age, and parents of U.S. citizens 21 years of age and older);
    2. All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of lawful permanent residents, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens 21 years of age and older); and
    3. Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.
    It looks like in most cases EB will not fill I-864. If you are not part of number 3 above, then you don't need to submit it.
    Note: I'm no expert.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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