GPotts

Hi.

I am filing for the same adjustment of status as i am on a H1b Visa currently and have got married to an American Citizen. I am little confused about the I-864 form. From what i understand the affidavit of Support is to prove that the sponsor (my wife) has enough income and/or assets to maintain the intending immigrant (me). If i am the primary source of income for our family is the necessary to fill out? I am a little confused.

Thanks

Noorah101

GPotts,

Yes, the USC must fill out an I-864. Your income can be included as a contributing household member.

Rene

GPotts

Apologies for all the questions in advance, and thanks for your help. I know a couple may might be stupid questions and may have obvious answers, but just double checking everything and ensuring everything is correct before submitting.

For the I-485 form.

1. If i have an h1b visa would i already have been assigned an A-Number? From my research it says that it should be the USCIS# on my Notice of Approval but there is no USCIS#. There is a receipt # which begins with EAC.


2. In part 2, for Application Type. As i am a H1b visa holder who married a USC i would check box b?


For the I-130 Form

Question 14. it asks what i arrived in the US as. I originally arrived on a J1 Intern visa but currently hold a H1b visa. I had to fly home to obtain my visa stamp for the H1b. do i list i initially arrived as a J1 or my current visa H1b?


Question 17. It asks to list all spouse and children for the relative (me). As my spouse is filling out the I-130 do i still list her in this section as she has already filled out in Part 1 she is my spouse?


For the I-131 Travel Form

Part 1. (6) What is my Class of Admission?


For the I-765 Form

Question. 11 would i have previously filed for Employment Authorization with my H1b visa? I have no record of the I-765 or is this strictly for GC?

Question 16. What is my eligibility of Category? I have read the instructions but still a little confused as to which category i fall under.


For the I-864 Form

Part 1. I have checked box 1.a. Just want to confirm this is correct. option 1.b threw me a little.


I believe that should be it. Again, thank you kindly for all the help.

Noorah101

GPotts,

Since your questions are specific to your own case, I created a new thread for you.

Rene
Moderator

Noorah101

It's not the EAC receipt number, no. I don't think H-1B visa holders are assigned an A-number. If you don't know if you have one, put "unknown" or draw a line through that question.


No. Your answer is "a". The I-130 being filed is what gives you an immediate visa number.

Current H-1B.

Your spouse is the ONLY person filling out the I-130. So you don't list anything at all on the form. Only she does. So, from her perspective, for Question 17, she would put her own name there as the relative's spouse.

H-1B

No, you would not have previously filed for Employment Authorization because the H-1B visa already allows you to work.

(c) (9)

Actually, YOU don't check anything on this form. Only the USC fills out the I-864. Your wife should check 1.a.

Rene

GPotts

"For the I-130 Form

Question 14. it asks what i arrived in the US as. I originally arrived on a J1 Intern visa but currently hold a H1b visa. I had to fly home to obtain my visa stamp for the H1b. do i list i initially arrived as a J1 or my current visa H1b?
Current H-1B."

Thanks for this. On the above, when i state that i arrived as a H1b (issued in 2013), the following question is date i arrived (2011 on J-1). Then it asks me when my employment began with current employer (This was 2012). Am i contradicting myself if i say i arrived as H1b but my employment was in 2012 on a J1?

FYI i was on a B3 and eligible to stay in the US while my J1 switched to H1b and remain employed.

Also, for the I-130, per the instructions my wife and i have also completed the G-325A Biographic Info. Just want to check it is necessary for both.

ian-mstm

If you have never seen my 3 rules for filling out forms, how is a good time to review:

1) Take each question at face value;
2) Do not ascribe any meaning to the question beyond that which is plainly written; and
3) Do not try to alter the question to fit your circumstances.

So... bottom line: they're just questions. For some reason you're trying to link them together to make some sort of connection, but they're just questions. Follow rule #1.


You and your wife will both complete a G-325A, yes. You each fill it out with your own information, and you each sign your own form.

Ian

Noorah101

Just answer each question at face value.

Yes, you each need to complete a G-325A.

Reeve

GPotts

Got it.

Thank you very much.

GPotts

Along with My wife's I-864 Form that she has completed i have also completed the I-864A because as the intending immigrant,who shares the same residence as the sponsor,i can show that my income will continue from the same source once my status changes, as i am the primary earner and she alone does not meet the requirements.

Is this correct? Or is this to be filled out if somebody else besides me was to combine their income?

ian-mstm

You are not a household member, you are the immigrant spouse. You do not complete an I-864A. If your income will continue from the same source, both your income and your wife's income should be entered on the I-864. If that means redoing her I-864 to include your income, do it.


An I-864A is completed only by a household member (but not a non-USC spouse beneficiary) whose income is required to support the I-864 of either the petitioning USC spouse or a joint sponsor.

Ian

GPotts

Perfect. I included my Income on her I-864 form and will disregard the I-864A form. Thank you Sir.

GPotts

Hi Guys,

The Application will be sent this week. Just want to confirm i have everything in order.

I-485

- Filing Fee ($1000)
- Birth Cert
- Copy of current H1b Visa and I-797A
- 2 Passport Photos
- Marriage Cert
- I-693 Medical Report
- Biometrics (scheduled later and $85 fee)
- G-325A
- Copy of I-94
- G-1145

I-864

- Wife's Tax Returns with relevant 1099s and Schedule C from returns as Self employed
- My Tax Returns and W2s (my income also needed to qualify)
-Wife's Passport
- Employment Letter stating my employment will continue once H1b status is adjusted to GC
- Recent Pay Stubs for proof (says optional)


I-130

- Filing Fee ($420)
- Wife's Passport
- Marriage Cert
- Birth Cert's
- 2 passport Photos each for my wife and I
- G-235A for both
- Son's Birth Cert
- Our last 2 leases together and financial statements proving relationship

I-131

- Copy of my Passport
- Copy of current H1b Visa I-94 and 1-797A
- Copy of AOS (which i will be filing together)

I-765

- No Filing Fee as filing together
- Copy of Passport/Visa
- 2 Passport Photos
- Copy of 1-797A



Thanks for all your help.

Slainte

Noorah101

Looks good. Just a note regarding your wife's I-864 and being self-employed. Make sure she is only counting her personal income, not the total business income. Her personal income is any profit made from the business.....the total business income minus business expenses.

Rene

GPotts

My wife is a Freelancer and has no employees or employee costs. She is not a business per se.

As an example, let's say on her 1099-MISC it shows $20k as her non employee compensation. You're saying this not her personal income? It is what shows on her tax return after all her deductions for the year for supplies, home office costs etc.

Right now i have listed what is on her 1099-MISC as her income ($20k).

Thanks
Gary