Help with Form I-864 part 3 number 9

[Mr. Don]

Hi all. When filling out the I-864 for my wife, it asks in #9 if I am sponsoring any other family members. I assume I list my step son here.

Question is...if I list him here do I also need to fill out an additional I-864 for him, including supporting tax and pay docs?

 

thanks all

[Mr. Don]

From what I've read, I dont list him on part 3 #9 but instead fill out a separate I-864 on him. My question is this. Do I list him as a dependent on #21 on my wife's I-864 and do I list my wife as a dependent on #21 on his I-864?

[warpedbored]

I read up on it a little on the USCIS web site. It appears you do have to file an I-864 for him but I believe you just need to photo copy the I-864 for your wife since his adjustment of status is dependent on hers. The Dept of State has an $88.00 fee for processing the I-884 unless it's filed abroad. http://travel.state.gov/visa/immigrants/info/info_3178.html I am assuming you will have to pay it for both of them but someone else will be along to clarify that.

[dnoblett]

In this case only one I-864 needed, it is for sponsoring one or MORE immigrants if immigrating within 6 months.

 

List step child on 9a

21a is 2

21c is 0 (Note spouse is immigrant being sponsored on this I-864)

 

Make a photocopy of spouse I-864 and attach to step-child's I-485.

 

$88 fee is only paid in cases of an immigrant I-130 petition going through NVC, not in K-1/K-2 AOS cases.

 

There is no DOS I-864 fee when adjusting status, DOS is not involved.

[warpedbored]

Thanks Dan, I can see why he was confused. Neither the instructions or the DOS site is clear.

This is from the DOS site.

Is There a Fee I Will Need to Pay for the Affidavit of Support Forms?

 

Yes, there is a $88 fee per case for reviewing the Affidavit of Support (Forms I-864, I-864A, I-864W and/or I-864EZ) when the form(s) is(are) filed in the U.S. SeeImmigrant Services - Other Fees.

[warpedbored]

Sorry I didn't find this before.

http://www.visajourney.com/content/k2-visa-adjustment-of-status-tips

[Mr. Don]

Thanks guys. I never thought this would be the form that confused me the most lol. Do I need to make a photo copy of the supporting docs for I-864 such as pay stubs and tax docs to attach to the copy of my wife's I-864?　　Also, on part 5 #21...do I count him as a dependant since he is being counted in #9?

 

thanks again

[dnoblett]

Thanks guys. I never thought this would be the form that confused me the most lol. Do I need to make a photo copy of the supporting docs for I-864 such as pay stubs and tax docs to attach to the copy of my wife's I-864?　　Also, on part 5 #21...do I count him as a dependant since he is being counted in #9?

 

thanks again

Note on form it has spelled out in Capitals at #21 to not count anyone twice...

 

If counted on 21a, then DO NOT COUNT on 21c or 21d (21c and 21d are for dependents who are NOT immigrating and being sponsored at this time)

 

Yes, once you have completed the I-864, make a photo-copy of the completed affidavit of support, including tax-transcripts etc, to be attached to step-child's AOS application, however according to VJ link above, it is not really necessary, when spouse and step child adjust status at same time.

[Mr. Don]

Got it! This is a big help you guys. Much thanks!!