I am EXEMPT from filing Form I-864 because:

[Medo2020]

Hello all,

I'm in EB2 and I work in a public university. I am filling two Forms of I-485 (one for me and the other for my spouse) concurrently with Form I-140. I'm the principal applicant and my spouse is the derivative applicant.

I think both of us are exempted from filling Form I-864, am I right?

In Part 8 of Form I-485 page 14 (I have to choose one to explain why I'm exempted)

I am EXEMPT from filing Form I-864 because:

Which one should I check, and which one should my spouse check? PLEASE HELP.

Thank you!

[newacct]

Yes, you are both exempt from I-864, because you guys are in an employment-based category. Both of you should select I-485 Part 8 #62.d "I am applying under an alien worker (Form I-140) employment-based preference immigrant category and both of the following apply"

You are not exempt from the public charge ground of inadmissibility (both of you should check No for #61), and both of you need to file I-944.