I-864 Question

[jsmith001128 0]

Hello All,

I have an approved EB1A self-petition. I am currently on F1 visa. I am in the process of applying for I-485 submission. Filing as single status.

 

For the section, “What evidence must you submit with Form I-485” Item 8 is “Affidavit of support/Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j) (Supplement J)”

The instructions in I-485 state that you would not need to submit an I-864

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

 

But in Item 9, “Evidence of Financial Support” the instructions state:

 

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Some employment based applicants must also have a Form I-864, Affidavit of Support Under Section 213A of the Act (whether they are beneficiaries of a Form I-140, Immigrant Petition for Alien Worker, or a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, if filed in relation to certain employment-based immigrant visa classifications). See the Instructions for Form I-864 to determine when Form I-864 is required and whether an exemption may be available. If you are exempt from the Affidavit of Support requirement, you may need to file Form I-864W, Intending Immigrant’s Affidavit of Support Exemption.

So, in order to get an exemption for I-864, we have to submit I-864W. But I-864W states:

 

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You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.

Finally, my question, do we need to submit I-864 for EB1A category ? Can someone who has undergone the process of adjustment provide some clarification on this matter?

Edited February 10, 2018 by 2018