Greencard Application/I-485 for Wife (H1B) and me (H4) - Do we need to file I-864?

[tmkama]

Hi,

My Wife (H1B) and me (H4) are filing together for a greencard (I-485 each). I'm struggling to understand whether (and if yes, how) we need to file an Affidavit of Support I-864. She is working here in the US and we both live here already (I'm unemployed since I'm on H4).
Do we need to file an I-864 and if yes, in which configuration (who is sponsor and who is the sponsored person(s))?

Thanks in advance!

[BluePanther]

Hi,

My Wife (H1B) and me (H4) are filing together for a greencard (I-485 each). I'm struggling to understand whether (and if yes, how) we need to file an Affidavit of Support I-864. She is working here in the US and we both live here already (I'm unemployed since I'm on H4).
Do we need to file an I-864 and if yes, in which configuration (who is sponsor and who is the sponsored person(s))?

Thanks in advance!

What is the basis for your adjustment of status eligibility? In other words, who is your sponsor?

[tmkama]

What is the basis for your adjustment of status eligibility? In other words, who is your sponsor?

The Sponsor is her employer.

[ngjaxguy]

The Sponsor is her employer.

In that case, lawyer of her employer need to take care of all paper work. Employer is her sponsor

[BluePanther]

In that case, lawyer of her employer need to take care of all paper work. Employer is her sponsor

Employer sponsors the primary applicant. Dependents need to have a financial sponsor. In my case the lawyer included in my dependent's application that my salary was sufficient to support my dependents. I am not sure how they filed that, but the company hired immigration lawyer is likely the best source to figure it out.

[newacct]

The Sponsor is her employer.

Applicants in employment-based categories do not need an I-864, unless the business is more than 5% owned by the beneficiary's family.

[eddywgl]

Thank you. I was also looking for this information.

[eddywgl]

Hi,

Can you please help me with below questions.
I filed 485. I am on H1B with EB3 140. When I filed my 485, my wife's 485 was not filed. She is on H4. Is I-944 needed to be filed with her I-485?
Also when I file 485 for her, do I need to provide my pay stubs and recent W2.
Thanks

[newacct]

Hi,

Can you please help me with below questions.
I filed 485. I am on H1B with EB3 140. When I filed my 485, my wife's 485 was not filed. She is on H4. Is I-944 needed to be filed with her I-485?
Also when I file 485 for her, do I need to provide my pay stubs and recent W2.
Thanks

Yes, she will need to file I-944 with her I-485 if she is filing now. (She will need to check the box in I-485 Part 8 #61, indicating that she is subject to public charge inadmissibility and needs to file I-944, but she will check the box in I-485 Part 8 #62.d indicating that I-864 is not needed for her application.) As I understand it, her tax return will be needed with her I-944, but yours won't be (unless yours are the same as hers). But if she is counting your income on her I-944 to reach 125% of poverty level, then she will need your tax return too.

[eddywgl]

Yes, she will need to file I-944 with her I-485 if she is filing now. (She will need to check the box in I-485 Part 8 #61, indicating that she is subject to public charge inadmissibility and needs to file I-944, but she will check the box in I-485 Part 8 #62.d indicating that I-864 is not needed for her application.) As I understand it, her tax return will be needed with her I-944, but yours won't be (unless yours are the same as hers). But if she is counting your income on her I-944 to reach 125% of poverty level, then she will need your tax return too.

Thank you so much for your reply and time.
She doesn't have any income but we filed joint return, so tax return are same for both. What is the minimum household income which is above 125% of poverty level for public charge rule.
Thanks

[newacct]

Thank you so much for your reply and time.
She doesn't have any income but we filed joint return, so tax return are same for both. How to check if household income is above 125% of poverty level for public charge rule.
Thanks

Well on her I-944, she will list her household income. Since her own income is 0, she will need to count your income in her household income, in order for it to reach 125%. See I-864P for what 125% of poverty level is.

[eddywgl]

Well on her I-944, she will list her household income. Since her own income is 0, she will need to count your income in her household income, in order for it to reach 125%. See I-864P for what 125% of poverty level is.

Thank you so much for your help.