Do I need to fill out I-134 or I-864 for the affidavit of support my family needs to migrate here in the US?

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My family was recently interviewed at the US embassy in Manila for an immigrant visa petition I filed as a permanent resident. I had not prepared an affidavit of support as NVC said there was no need for me as employment-based. My family was given an I-134 for me to fill out. I was advised here in the US that I should fill out I-864 instead as the former is only for non-immigrant visa. What could be the reason for the form required of me?

Attorney Answer

1
Stephen Scribner ·
The I-134 is rarely used anymore but it is probably the appropriate form to file, given that this is an employment-based case and, more importantly, it is what the Consulate requested. You may want to consider sending both forms, with financial records according to the instructions on each form (there may be differences in what records are appropriate). That way, is the Consular officer changes his/her mind, your family will be prepared. To get a definitive answer about which form is called for, consult directly with a well-qualified immigration lawyer. Note: the foregoing information is not to be treated as legal advice and does not create an attorney-client relationship.
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