When you applied for an 1-130 do you always has to file an affidavit Of support ?

Generally, if the I-130 is a stand alone I-130 or for consular processing, the I-130 does not require the affidavit of support, since the public charge issue of inadmissibility is addressed in the adjustment of status applicant. The I-130 needs to be supported by evidence demonstrating the bona fide relationship between petitioner and beneficiary. Lastly, you should always consult with an immigration attorney experienced in family based immigration to determine the best course of action. Bon Chance!

The affidavit is not required for an I-130. It must be file with adjustment or immigrant visa application.

The affidavit of support is filed if, at the same time as the I-130 or later, an I-485 is filed requesting change of status. Alejandro R. Lopez, Esq. Law Office of Alejandro R. Lopez, P.A. 4465 Edgewater Dr., Suite A Orlando, Fla. 32804 (407) 649-1404 E-mail: [email protected]