I-860 for daughter

[credzba]

I filed the I-130 forms for my wife and daughter at the same time.

They have progressed through the USCIS together, and have arrived at NVC.

 

I am now preparing all the documents for the NVC which I will mail as they request them.

The I-860 is a little confusing to me.

 

Reading the instructions, it seems to imply I will only need to send 1 I-860 for both my wife and daughters applications. There is a section listing the other people you are sponsoring on the I-860 form, so it seems it would cover both petitions.

 

Do any of you know?

 

Should I send in an I-860 for each petition, or will the one for my wife cover them both?

 

 

Thanks,

Credzba

Edited November 12, 2007 by credzba (see edit history)

[tywy_99]

I filed the I-130 forms for my wife and daughter at the same time.

They have progressed through the USCIS together, and have arrived at NVC.

 

I am now preparing all the documents for the NVC which I will mail as they request them.

The I-860 is a little confusing to me.

 

Reading the instructions, it seems to imply I will only need to send 1 I-860 for both my wife and daughters applications. There is a section listing the other people you are sponsoring on the I-860 form, so it seems it would cover both petitions.

 

Do any of you know?

 

Should I send in an I-860 for each petition, or will the one for my wife cover them both?

 

 

Thanks,

Credzba

I assume it's the I864 AOS you're talking about because a I-860 does not exist.

You will need to submit two (2) I-864 forms, one for each of them. It is in the INA therefore it is law. Each I-130 submitted will require a I-864 to follow it. You are petitioning for two visa applicants.

[david_dawei]

and you do NOT list the daughter in the wife's form...

 

As Ty says, it is two visa applicants; The daughter is being promoted to a primary applicant position and therefore is not reflected on the mom's form.

[credzba]

and you do NOT list the daughter in the wife's form...

 

As Ty says, it is two visa applicants; The daughter is being promoted to a primary applicant position and therefore is not reflected on the mom's form.

 

David, I believe you are usually right, but I will question this statement.

 

Instructions for line 9 say:

9. Accompanying Family Members You are Sponsoring.The immigrant you are sponsoring may be bringing a spouse and/or children to the United States. If the spouse and/or children will be traveling with the immigrant, or within six months of the immigrant's entry to the United States and you are sponsoring them, you should list the names and other requested information on the lines provided. If any dependents are not immigrating, will be immigrating more than 6 months after the sponsored alien arrives in the United States, or you are not sponsoring them, do not list their names here. A separate Form I-864 will be required for them when they apply for their immigrant visas.

 

Of course at the actual line 9 it says:

I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition.

 

I don't know, it seems like conflicting information.

[ktmracer]

and you do NOT list the daughter in the wife's form...

 

As Ty says, it is two visa applicants; The daughter is being promoted to a primary applicant position and therefore is not reflected on the mom's form.

 

David, I believe you are usually right, but I will question this statement.

 

Instructions for line 9 say:

9. Accompanying Family Members You are Sponsoring.The immigrant you are sponsoring may be bringing a spouse and/or children to the United States. If the spouse and/or children will be traveling with the immigrant, or within six months of the immigrant's entry to the United States and you are sponsoring them, you should list the names and other requested information on the lines provided. If any dependents are not immigrating, will be immigrating more than 6 months after the sponsored alien arrives in the United States, or you are not sponsoring them, do not list their names here. A separate Form I-864 will be required for them when they apply for their immigrant visas.

 

Of course at the actual line 9 it says:

I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition.

 

I don't know, it seems like conflicting information.

Trust DZ and TY on this, I have just done this and my CR1/CR2 I864s have been accepted. Also, only sent 1 transcript for each I864 (2006 joint return)

[tywy_99]

Fill out line #9 just as it says, listing any and all children but you still need to submit form I-130 for any and all children because unlike the nonimmigrant K visas, the immigrant visas IR2/CR2 does not have derivative status.

A word of caution: make sure the information about the child that you put on your wife's petition is exactly the same as you put on the child's petition. Any discrepancy will most certainly cause a delay.

[credzba]

Trust DZ and TY on this, I have just done this and my CR1/CR2 I864s have been accepted. Also, only sent 1 transcript for each I864 (2006 joint return)

 

Okay, you guys know.

 

So I edited my I-864 for mom, removed our daughter, this changes the number of people sponsored on this form from 2 to 1 (of course).

 

So then, on line 21 A I had to put 1 because that was the number sponsored on this petition.

I dont claim her on 21C (wife) because it says not to count her twice.

So total on wifes form will be 4 me, her, and 2 other children from previous marriage.

 

However, on our daughters form, I will claim daughter on line 21a, my wife on 21C, 2 other dependents, and myself for a total of 5.

 

It seems strange that I end up with 2 different numbers on the forms.

 

Does that all make sense, and is consistent with what you all think?

[tywy_99]

It makes perfect sense because they, (1)your wife and (2)your daughter, are petitioned seperately. One makes 4 and another makes 5. 1 and 1 does make 2 and not 11.

[david_dawei]

Trust DZ and TY on this, I have just done this and my CR1/CR2 I864s have been accepted. Also, only sent 1 transcript for each I864 (2006 joint return)

I dont claim her on 21C (wife) because it says not to count her twice.

So total on wifes form will be 4 me, her, and 2 other children from previous marriage.

 

However, on our daughters form, I will claim daughter on line 21a, my wife on 21C, 2 other dependents, and myself for a total of 5.

 

It seems strange that I end up with 2 different numbers on the forms.

I say this is WRONG, since you just claimed your wife TWICE...

 

This is they key line in all the directions:

"Do not include any relative listed on a separate visa petition."

 

Therefore.. you DO NOT list the wife on the daughters form at 21C.

 

Just as you didn't include the daughter on the mothers form...

 

---

 

Household and sponsorship is the most confusion issue on this form when more than one person is sponsor: The reason you do not list the one on the other's form is because:

1) They have their own form

2) There is no guarantee they are approved.. so if you list one person on another form, and that person is not approved, then the form is not incorrect.

 

When in doubt, call NVC.. they will explain how to deal with two visa applicants.

[tywy_99]

It also says in the instructions that you can submit photo copies if you are sponsoring more than one intending immigrant listed on the same affidavit of support. That should clear things up!

It's just a requirement that a I-864 must be filed with every I-130 petition sent in.

[ktmracer]

Trust DZ and TY on this, I have just done this and my CR1/CR2 I864s have been accepted. Also, only sent 1 transcript for each I864 (2006 joint return)

I dont claim her on 21C (wife) because it says not to count her twice.

So total on wifes form will be 4 me, her, and 2 other children from previous marriage.

 

However, on our daughters form, I will claim daughter on line 21a, my wife on 21C, 2 other dependents, and myself for a total of 5.

 

It seems strange that I end up with 2 different numbers on the forms.

I say this is WRONG, since you just claimed your wife TWICE...

 

This is they key line in all the directions:

"Do not include any relative listed on a separate visa petition."

 

Therefore.. you DO NOT list the wife on the daughters form at 21C.

 

Just as you didn't include the daughter on the mothers form...

 

---

 

Household and sponsorship is the most confusion issue on this form when more than one person is sponsor: The reason you do not list the one on the other's form is because:

1) They have their own form

2) There is no guarantee they are approved.. so if you list one person on another form, and that person is not approved, then the form is not incorrect.

 

When in doubt, call NVC.. they will explain how to deal with two visa applicants.

I did as DZ said and called NVC, took the person's ID # also.

mine was total of 2 for wife I864 and 3 for daughter's I864.

NVC went line for line w/ me when filling out form.