Re: Is spouse's W2 required for filing 485?


On Jun 14, 10:00 am, Noorah101 <member10...@xxxxxxxxxxxxxxxxxxxxxx>
wrote:
Hi,

My husband had H1 for about a year and did not work. Hence he does
not
have W2 for that period. Is it required to submit spouse W2 for
filing
485?

Thanks

Is the ex-H1 husband filing the I-485 for AOS based on marriage to a
USC
wife? If so, then no, the husband's W2's are not needed. Only the
USC's
income and W2's are needed for the I-864 affidavit of support.

If that isn't what you're doing, please clarify.

Rene

--
Posted viahttp://britishexpats.com

Rene,

Thanks for your response.


Yes, I'm the main applicant and my husband is filing for 485 with me.
He was on H4 for a while (2002-2004). But he is currently working now
and on H1B visa.
Here are my following questions

1) I was told to provide I-134 AOS despite the fact that he is
working, which I don't understand. I thought AOS needs to be
provided
only if the dependents are
not employed.
2) I'm submitting all of my husband's H1 & H4 appoval notices to prove
that he was in status all the time. But there was a period of time
when my husband was on H1 and was not working (payroll was not run
for
him) and hence there is no W2. will it pose a problem that he was
on
H1 and does not have a W2?
However, we have joint filed income tax and i have tax returns for
that period
3) I'm not aware of I-864. How is this different from I-134?

Thanks

So, it is *your* I-485 application and your H1B visa husband is
your sponsor.


I don't think the I-134 is correct. If you are filing an I-485, then
your husband must also file an I-864. Every sponsor must file an I-864
whether they are working or not and whether they have any income or not.



It will not be a problem.



Both the I-134 and the I-864 are affidavits of support... but the I-134
is not enforceable. The I-864 is a valid contract between the sponsor
(your husband) and the US government. If *you* use any "means-tested
benefits", the US government will come after your husband to repay
those benefits.

However, I always thought that if the spouse is *not* a US citizen or a
Permanent Resident, you have no independent status with which to adjust.
I did not realize that an H-4 dependent could file for AOS.

Ian

--
Posted via http://britishexpats.com
.

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