Question about I-864

I have I-140 approved using EB1-B. I am filing I-485 for me and spouse. I get conflicting opinions about filing I-864 for spouse. Could anyone clarify?

If I need to file I-864, what should I select in part 1: basis for filing affidavit of support. None of the options given there seem appropriate to me.

Also at the end of part 1 it says: “If you are filing this form as a sponsor, you must include proof of your US citizenship, US national status, or lawful permanent resident status”’

Again, I am neither of the three options mentioned above. What to do?

I am in same situation. I read a lot about this to clear my confusion. My conclusion is that we don’t need to file it for spouse. It is needed for all Family based preference immigration and certain Employment based. See below, this text is taken from USCIS wesbite:

Employment-based preference immigrants in cases only when a U.S. citizen, lawful permanent resident, or U.S.
national relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or
more) in the entity that filed the petition.

Hi Varun,

Did you confirm/cross-check with your attorney /employer to be 100% sure?
Thanks for your time!


Hello Sai,

Attorney know nothing. lol. Even he says to file it, this form makes no sense for me. I am not a US citizen and I am not filing i-140 for my wife. These are the basic two requirements for eligibility.

Interesting! Same situation here. Thanks for letting me know. Should you wish to discuss further, you can keep in touch via my mail Perhaps we can compare notes on filing the forms. Thanks again!

Same Situation here , Finaly decided to not to file i864 .

Employment based

Please check my post for the checklist in below link and reply to my post i will be checking the post periodically

I485 Adjustment of Status Application Documents Employment - Questions & Answers.

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