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Thanks a ton @newacct - I am trying to understand the logic as to why wife (sponsoring spouse) does not have to file anything!! Only I am filing 485 to do AOS from my B1 (wherein USCIS will determine themselves my 245K exemption) and 944 Of course both forms have her/our details including...

That clarifies. Thanks @newacct - since you suggest Part 2, 3a and Part 8, 62d - I should not select Part 2, 9 a to c. And I need not attach 864, coz that would be needed if wife had filled 130. In my case, I am filing 485 and 944 only. Now I am trying to understand the logic as towhy wife...

@newacct - asking you above question since you wrote above and allow me to quote you - "In that case, he should better file I-485 as your derivative. That way, not only will it save the cost of I-130 and save you from I-864, but it will also allow the AOS to not depend on his I-539 approval". So...

Hi @newacct - if I file 485 (without I-130) as derivative spouse of wife who has employment based GC, then do we need I-864 (filled by sponsoring spouse) OR I-944 (filled by petitioner i.e. myself along with sponsoring spouse's financial documents) OR both forms? And in 485 Part 2, I should...

Yes @newacct and appreciate it. I did read E(4) of the manual. I did not read rest of it yet and hope nothing else contradicts this. The same E(4) further says no need to attach any evidence to 485 except the usual supporting documents (marriage/birth proof, 864 affidavit for support by GC...

Hugely helpful @newacct - are you sure "For the purposes of 245(k), out of status days after filing I-485 do not count toward the 180 days (however, illegal working days after filing I-485 still count toward the 180 days)" - I was trying to read this USCIS manual you refer to, let me read it...

@Sm1smom - both had a roller coaster time, unable to reunite since then and many missed chances to file for GC. This time, both are sure of reuniting and staying in US. Hence this renewed effort to file GC for husband.....sooner the better of course, but if husband can't file AOS here (see my...

You are right @newacct and thanks. He can file I-485 as derivative. I got employment based GC 3 yrs back, we were married before GC, and we are sort of reuniting after a long gap (10+years) where he lived in home country. Now the key issue is he entered US on B1 last Dec, filed a timely I-539...

Can wife, who got GC 3 yrs ago, file I-130 and I-485 concurrently (since F2A is current), for husband who is in US last 11 mths on B1 and awaiting I-539 extension decision? Will USCIS accept if pending I-539 is attached. Overall context (if it helps) - marriage is 20+ yrs old, spouses reuniting...

Please advise on the above query

EB1C multinational manager rule says person has to work for 1 year outside US in a managerial role with the petitioner company, during 3 years preceding filing of petition. 1. I was outside US for more than 6 months twice during last 2 years. Does this total 1 year count? The rule doesn't...

Some clarity! So it's clear that B1 is out of question. He can get H4 on wife's H1, enter US, she can apply for his AOS and quite likely, he may get it. Or like JackoLantern says, he can find an employer, get a "new" H1 without waiting for next year's quota. I am not clear - how can new H1...

Here is a situation: Husband was on H1, left US 5 yrs back for India & is a professional worker. Wife separated from husband, remained in US, also had an H1, applied for GC and is currently in adjustment of status, fingerprint is also done. She also has their US citizen child with her. Husband...