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Do I need to attach the Affidavit of support (I-864); along with the I-130 application for my husband in Australia?

Warwick, RI |

My husband is in Australia and I am filing a I-130 application to get his immigration visa approve. Do I need to file I-864 affidavit of support with this too. OR is this going to be a next step when my husband will be applying to US embassy in Australia .

Attorney Answers 6

Posted

It is a matter of preference. You can do it now or you can do it later. Good luck.

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Posted

You can do it either way but all filings must be prepared correctly.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Posted

No, you don't need to attach an affidavit of support at the I-130 stage. That would be premature. You will get instructions of when to file the affidavit of support from the NVC once the I-130 is approved by USCIS.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

No, you submit this evidence after the initial approval.

Agarwal Law Offices 3 Dundee Park, B10 Andover, MA 01810 www.agarwaloffices.com This information is for informational and educational use only and does not establish an attorney-client relationship.

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Posted

No. The I-864 is filed either with the Consulate or the National Visa Center (NVC) after the I-130 is approved. You will be notified when it is time to submit it.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

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Posted

The short answer is no. You will separately submit the affidavit of support form, along with others, once requested by the Visa Service Center. You begin the process with the I-130 and G-325 forms. Good luck.

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