I-485 Application for Individual and Family

[Oscarone]

Hello dear posters. I need some help with this, if possible.

Background:
I have an approved I-140 since last year, and my family (wife and two sons) and I are currently working in the US with H1-B and H4.

I am now filling my I-485 and three more for each member of my family, and I have some doubts:

- Do the i-485 for my wife and sons need need to be submitted with an i-130 in the same package as well?

- Do the i-485 for my wife and sons need an Affidavit of Support (I-864)? I know that mine doesn't, as I will present a letter of employment.

Help please.

Thank you,

Oscar

[newacct]

1. no
2. no

[Oscarone]

Well, thank you very much for the quick reply. So there is no need for an Affidavit of Support for my dependents? How so? This is a bit surprising.

Thank you again, Mr. newacct .

[Adrian Gruber]

Hello dear posters. I need some help with this, if possible.

Background:
I have an approved I-140 since last year, and my family (wife and two sons) and I are currently working in the US with H1-B and H4.

I am now filling my I-485 and three more for each member of my family, and I have some doubts:

- Do the i-485 for my wife and sons need need to be submitted with an i-130 in the same package as well?

- Do the i-485 for my wife and sons need an Affidavit of Support (I-864)? I know that mine doesn't, as I will present a letter of employment.

Help please.

Thank you,

Oscar

Hello Oscar, your enquiry is a bit confusing.
In order to file for "Adjustment of Status" you must be a relative of either a Green Card holder or a US citizen.

If you have an approved I-140 from your employer are they going to file on your behalf for a green card for you?

[newacct]

Well, thank you very much for the quick reply. So there is no need for an Affidavit of Support for my dependents? How so? This is a bit surprising.

Thank you again, Mr. newacct .

Yes. As you guys are immigrating in an employment-based category, you guys do not need Affidavits of Supports unless you own more than 5% of the company.

[Oscarone]

- - - Updated - - -

Yes. As you guys are immigrating in an employment-based category, you guys do not need Affidavits of Supports unless you own more than 5% of the company.

So my dependents' i-485 is also technically 'employment-based'?

[newacct]

- - - Updated - - -



So my dependents' i-485 is also technically 'employment-based'?

yes

[Oscarone]

yes

Oh, but this is fantastic news !! Well, thank you very much. I have been worrying about this all weekend, but knowing that my I-140 covers my dependents' I-485 forms as 'employment-related' is all a relief.

Thanks to Adrian Gruber as well.