I-944 and I-864 forms with I-485

[llateef]

Hello All,

I need some clarification on the forms to be submitted with I-485 AOS. I am on H1B and my H4 currently.

I am the principal applicant with EB3 PD January 2011. As DF dates are current, I am now applying for I-485 for me and my wife (derivative applicant) who is a stay at home mom and has not worked in the last 5 years.

My question is about I-944 and I-864. Do both of us need to fill out I-944? All the financial information required on I-944 is mine, so how do we fill her I-944 since all our assets are on my name (401(k), 529 plan etc). We share a checking account and her name is on the mortgage. Please advise if we need to fill I-944 for her.

Another questions is about form I-864, Is this form is even needed with I-485? If so, then, Is that only for my wife? I am assuming since she is not working, I have to fill out I-864 (Affidavit of Support) for her as I am the one who is supporting her financially.

Thanks in advance for your help.

PK

[newacct]

22 hours ago, llateef said:

Do both of us need to fill out I-944?

yes

22 hours ago, llateef said:

All the financial information required on I-944 is mine, so how do we fill her I-944 since all our assets are on my name (401(k), 529 plan etc). We share a checking account and her name is on the mortgage. Please advise if we need to fill I-944 for her.

Yes, she needs to fill out an I-944. On her I-944, you will be part of her household (and on your I-944, vice versa), and your income and assets will be listed as part of her household income and assets on her I-944.

22 hours ago, llateef said:

Another questions is about form I-864, Is this form is even needed with I-485? If so, then, Is that only for my wife? I am assuming since she is not working, I have to fill out I-864 (Affidavit of Support) for her as I am the one who is supporting her financially.

Since both of you are in an employment-based category, neither of you need I-864. You would check the box in I-485 Part 8 #62d on both of your I-485s.

 

[llateef]

Thank you newacct.

One more question. What happens to to the underlying I-140 approval if the 485 application is denied or rejected for some reason? Does it get revoked? Can I use the I-140 for another 485?

[newacct]

I-140 is not revoked unless your employer revokes it or it is found that you were ineligible for the I-140