I-864 Help

[JKM]

I am a US citizen. My wife is Chinese. We have been married for seven years. She has a 14 y/o son (Chinese citizen) and, together, we have a 2 y/o daughter (US citizen). We live in China and have for the past eight years. I am filling out the I-864 and I am form challenged. Do I fill out one I-864 for my wife and one I-864 for my stepson? Do they then each become the "principal" immigrant in Part 2? or what? Part 1 line 1. Is this for my name? last name first, first name last? Are petitioner and sponsor the same? I mean are they synonyms and used interchangeably? 1.e. There is a "sponsor/petitioner", a "1rst joint sponsor", and a "2nd joint sponsor". Does that mean 3 people can be sponsors? The "sponsor/petitioner" can have two additional people to assist in the financing? Part 2 line 5. I have a GUZ and an AA confirmation number. What goes in the Alien Registration area if I don't specifically have an Alien number? Part 3 line 1. and 2. Since I am sponsoring both my wife and stepson do I check both 1 and 2? Line 2 has a note stating: Do not include any relative listed on a separate visa petition. Well, I filed an I-130 for my stepson as required so do I put my stepson as Family Member #1 or not? Line 7. If I check line 7 does it mean that I don't have to file a separate I-864 for my stepson? This ties back to the first question..ie: Do I file separate I-864's with duplicate supporting documentation for each? Last query (for now) My sister is going to co-sponsor (joint sponsor is the same thing?); Does my sister simply fill out ONE form with both names and include her financials? Finally, thank you all. I really mean it. You have to be a paralegal to get through all of this. I understand the intent, it is the clarity of the instructions that tend to be less specific and more generalized. Once more, thanks. The empirical data available in this forum is priceless.

[dnoblett]

You will fill out two Affidavit of supports One for Wife and a second for Step Son.

 

Note I-864 Part 3 check-box 2 where it says "Do not include any relative listed on a separate visa petition" You filed two I-130 petitions so need two I-864 forms. (There are cases where several immigrants can be sponsored with one I-864 for example cases where there are derivative visas (Sibling and sibling's family) one petition several visas) Family members 1 through 5 are derivative visas) Another example of one I-864 would be K-1/K-2 fiancee visa where both immigrants adjust status at same time and only one visa petition filed, K-2 is a derivative visa of the K-1)

 

As for immigrant counts each form will indicate 1 immigrant sponsored (Part 5 Question 1) (No names for family members 1 to 5 in part 3)

• Wife's I-864 will count wife as immigrant (5-1) and not wife, and count stepson as a dependent child along with dependent US Citizen children in part 5-4.
• Step son's I-864 you will count Wife as Wife (5-3) and not immigrant, count your Dependent US Citizen children Part 5-4.

Yes you could have several joint sponsors, however only two, one could sponsor wife, the second sponsor stepson.

[JKM]

OK, I file two(2) I-864's, one for wife and one for son. Each with duplicate supporting documentation (right)? My sister, who will co-sponsor, will also file two I-864's each with her documentation? (right)?

 

There were several other questions embedded in my first post. Would you please address those? I want to do everything right the first time.

 

It's my hope that we will attend both interviews together as a family.

[Randy W]

The I-864 is filled out by a "sponsor" - someone who is willing to provide financial backing to the intending immigrant.

 

The I-130 is filled out by a "petitioner" - someone who petitions the government to allow the spouse to apply for a visa.

 

The sponsor and petitioner can be the same person, but this is not always the case.

 

When the spouse applies for a visa at the overseas consulate, he/she will be referred to as the "applicant".

[JKM]

Ok, I filed one I-864 for my wife and one for my stepson.

 

Now, my sister and her husband are going to be the joint sponsors. Does my brother in law file two I-864's like I did...only checking the "first joint sponsor" and does my sister do the same...only checking the "second of two joint sponsors"? or do they file together as a married couple and if so, how do they show their incomes jointly. I am not even sure which form or forms they should use. In simpler language...how do my sister and her husband joint sponsor my wife and stepson?

 

Thanks in advance Admin.

 

note: I just ( jan 13) eceived an email from GZ now stating that they have just implemented the new visa applicant procedures. Do you know anything of this?

[JKM]

I filed one 864 for my wife.

I filed one 864 for my stepson.

 

I was told that my Brother-in-law needed to file one 864 for my wife and one for my stepson as the first joint sponsor.

My sister will file one I-864a for my wife and one for my stepson as the second joint sponsor.

 

My brother-in-law's I-864 questions:

 

Part 5. Sponsor's Household Size (It is just he and his wife(my sister, no dependents) He is sponsoring my wife on one I-864 and he is also sponsoring by stepson on another I-864, just as I did.

 

Since my stepson was listed on mine as a "dependent" my household size was "4". As he is sponsoring my wife on one I-864, what will his household size be? I don't see anywhere to put my stepson. I have the same question for my sister's I-864a's. Please help. This is the last document I need to fill out before the interview.

[dnoblett]

Showing income jointly will be indicated by their Joint Tax Return.

 

Joint sponsor counts the other immigrant in box 6 to arrive at a count of 4

 

Box 1 is 1 (Sponsored immigrant, Stepson or your wife)

Box 2 is 1 (Himself)

Box 3 is 1 (His Wife)

Box 6 is 1 (The other sponsored immigrant on the other I-864, stepson or your wife depending on which I-864)

 

Sister should be providing an I-864A for each.

[newacct]

Ok, I filed one I-864 for my wife and one for my stepson. Now, my sister and her husband are going to be the joint sponsors. Does my brother in law file two I-864's like I did...only checking the "first joint sponsor" and does my sister do the same...only checking the "second of two joint sponsors"? or do they file together as a married couple and if so, how do they show their incomes jointly. I am not even sure which form or forms they should use. In simpler language...how do my sister and her husband joint sponsor my wife and stepson? Thanks in advance Admin. note: I just ( jan 13) eceived an email from GZ now stating that they have just implemented the new visa applicant procedures. Do you know anything of this?

There can only be one joint sponsor in your case. The joint sponsor fills I-864. That person will select "I am the only joint sponsor". The other person will be a "household member" of the joint sponsor, filling I-864A.

 

I filed one 864 for my wife.

I filed one 864 for my stepson.

 

I was told that my Brother-in-law needed to file one 864 for my wife and one for my stepson as the first joint sponsor.

My sister will file one I-864a for my wife and one for my stepson as the second joint sponsor.

 

My brother-in-law's I-864 questions:

 

Part 5. Sponsor's Household Size (It is just he and his wife(my sister, no dependents) He is sponsoring my wife on one I-864 and he is also sponsoring by stepson on another I-864, just as I did.

 

Since my stepson was listed on mine as a "dependent" my household size was "4". As he is sponsoring my wife on one I-864, what will his household size be? I don't see anywhere to put my stepson. I have the same question for my sister's I-864a's. Please help. This is the last document I need to fill out before the interview.

Your brother-in-law's I-864s will both have a household size of 3 (immigrant + himself + his spouse). The person immigrating on the other petition is not counted.

[newacct]

Showing income jointly will be indicated by their Joint Tax Return.

 

Joint sponsor counts the other immigrant in box 6 to arrive at a count of 4

 

Box 1 is 1 (Sponsored immigrant, Stepson or your wife)

Box 2 is 1 (Himself)

Box 3 is 1 (His Wife)

Box 6 is 1 (The other sponsored immigrant on the other I-864, stepson or your wife depending on which I-864)

 

Sister should be providing an I-864A for each.

Box 6 is for "If you have sponsored any other persons on an I-864 or I-864 EZ who are now lawful permanent residents, enter the number here." The other person is not yet a permanent resident.

[dnoblett]

 

Showing income jointly will be indicated by their Joint Tax Return.

 

Joint sponsor counts the other immigrant in box 6 to arrive at a count of 4

 

Box 1 is 1 (Sponsored immigrant, Stepson or your wife)

Box 2 is 1 (Himself)

Box 3 is 1 (His Wife)

Box 6 is 1 (The other sponsored immigrant on the other I-864, stepson or your wife depending on which I-864)

 

Sister should be providing an I-864A for each.

Box 6 is for "If you have sponsored any other persons on an I-864 or I-864 EZ who are now lawful permanent residents, enter the number here." The other person is not yet a permanent resident.

 

Confusing isn't it.

 

The joint sponsor is sponsoring two immigrants, (Spouse and StepChild) which makes the count 4 not 3, however Part 3 Question 2 where you would add the additional immigrant stipulates not counting the additional immigrants if they are on separate petitions which a step-child will be, yet further down Box #6 stipulates being now lawful residents.

 

I guess you could ignore where it says other petitions in part 3 and count the step child there, so that the I-864 sponsors 2 immigrants.