485 Application for Spouse - 864

[pbg_28]

Hi,

My employer applied for my GC, I had filled my 485 application before marriage, now the dates are current and am filling the 485 application for my wife as derivative, do i need to file the 864 form too, should this be filled as family or employment based and what would happen if my 485 is approved, will she be out of status, currently we are on h1 /h4.

Regards
San

[newacct]

Hi,

My employer applied for my GC, I had filled my 485 application before marriage, now the dates are current and am filling the 485 application for my wife as derivative, do i need to file the 864 form too,

No. This is an employment-based category. An I-864 is not needed.

should this be filled as family or employment based

employment-based. She is your derivative beneficiary and you are employment-based.

and what would happen if my 485 is approved, will she be out of status, currently we are on h1 /h4.

Yes she will be out of status. She can stay in the US because she has a pending I-485 regardless of whether she has status or not.

[pbg_28]

No. This is an employment-based category. An I-864 is not needed.


employment-based. She is your derivative beneficiary and you are employment-based.


Yes she will be out of status. She can stay in the US because she has a pending I-485 regardless of whether she has status or not.

Thank you for your reply. appreciate it.