Should I file form I-864 for AOS?

[maeucom 0]

I am under an H1B visa and I reached my priority date. I am preparing my packet myself since the lawyer wants to charge a fortune to do it. My husband is also in an H1B and I will add him to my AOS.

My I-140 is approved already.

I am preparing I-485 along with I-131 and I-765 for both of us.

A lawyer we consulted yesterday told me I don't need I-864 because I am not economically supporting my husband since he is also under H1B. He told me to include his letter of employment.

A secretary from a law firm told me today I don't need I-864 because is family based and it's not my case. But she told me to file I-134 affidavit of support. Now, this form is under employment based forms in USCIS website, not under GC forms. In the instructions, it says this form is used for K1 and K3 visa holders. My husband is not my fiance (of course) and he has his own status.

I saw in forums that I should submit my three last 1040 (tax returns) with my W2's.

What should I do? I need help!! :-o

Thanks!

Maria

[Harpa Timsah 13,261]

The instructions for I-485 says to include I-864, yes.

[maeucom 0]

Yes, I know what the form says, but it also says this:

"Submit form I-864 if your form I-485 is based on your entry as a fiancé(e), a relative visa petition (I-130) filed by your relative, or an employment-based visa petition (I-140) related to a business that is five percent or more owned by your family"

And none of those are my case. So I'm still confused about form I-864.

[Darnell 8,479]

take a look at I-864W... you're in a strange spot, we not have that many folk adjust directly from your visa type without marrying a USCitizen.