I485 questions - I-864 exemption qualification?

[rpan]

Hi All,

I am on H1B visa and my priority date has just become current in the EB1 category. My spouse is working and is on H1B visa, but he does not have an approved I-140 yet.

We are trying to apply for AOS for both of us. As I understand, we both have to fill the I485 and I-944 application.
Q. Is I-864 form also required in our case?

Some other I485 form questions:
1. Page 14 (Affidavit of Support Under Section 213A of the INA (Form I-864))
Qa. My company filed the I-140 for myself and I don't have any relatives that have any stake in the company. What category do I select for Q62, is 62d correct?
Qb. What should we fill for Q62 for my spouse?

2. Page 6 (Employment history)
Qa. I was unemployed for 3 months before starting my current job, while I was waiting for a F1-OPT base EAD card. Do I need to specify this unemployment period in the history?

The lawyers are not responding. So, seeking out help here to fill out forms correctly.
Thanks in advance for your help.

[newacct]

Hi All,

I am on H1B visa and my priority date has just become current in the EB1 category. My spouse is working and is on H1B visa, but he does not have an approved I-140 yet.

We are trying to apply for AOS for both of us. As I understand, we both have to fill the I485 and I-944 application.
Q. Is I-864 form also required in our case?

no

Some other I485 form questions:
1. Page 14 (Affidavit of Support Under Section 213A of the INA (Form I-864))
Qa. My company filed the I-140 for myself and I don't have any relatives that have any stake in the company. What category do I select for Q62, is 62d correct?
Qb. What should we fill for Q62 for my spouse?

#62d is correct

2. Page 6 (Employment history)
Qa. I was unemployed for 3 months before starting my current job, while I was waiting for a F1-OPT base EAD card. Do I need to specify this unemployment period in the history?

Sure. It doesn't hurt to be complete.

[rpan]

Thanks a lot for your response.

[rpan]

For evidence in support of I-944, are the following documents enough?
1. 2019 tax return
2. Bank statements - Is the latest statement enough or do we need to provide statements from last 12 months?
3. 401K account information
4. Credit score/report from equifax

We file taxes as married jointly. In I-944 form, for household income section, do we fill the total combined income for myself in Part 3 1A and for my spouse in Part 3 1B?
Or should we split and provide the incomes?

[sandeep.iiit]

rpan I would recommend submitting I-864 anyways. See this thread: https://www.immihelp.com/forum/adjus...tement-instead.
Edit: I think EB categories don't need I-864.

For I-944:
Submit IRS tax transcript (and not the return). Tax transcript can be downloaded from IRS website.
I would provide the number that matches the tax transcript / tax return in Part 3 1A and 1B. Yes, it would be the same number because of the joint filing.

[rpan]

Great, thank you for your response.