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Hi,

Can anyone help me in filling out i864 form for my spouse and stepson age 19 and 20.i am U.S Citizen currently residing out side of u.s

 

my question is do i fill out seperate forms for each immigrant?

1st form Principal immigrant will be my Husband

2nd form which box do i check for my step son's( part 2) do they also come under principal immigrant

 

part 3: which box do i check ( i'am currently residing out side of usa and not working) so i have joint sponser

 

part 5: do i have to check the box 1-4 ...example part 7 3...1 yourself 1 spouse 1 dependent 2

is that right.

 

my stepson elder fellow is currently in U.S on student visa he went on 20th of Jan 2015, and will be turning 21 july7 ...so what do i do in this case.

 

Thanks

Dilo

 

 

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A question about the 20 year old, How old was he when you married?

 

If less than age 18, your spouse can file an I-130 and I-485 + I-864 after you immigrate to the USA to adjust step-son's status, if he was age 18 or older at time of marriage, then this is not an option, you can file an I-130 for your son and once a visa number is assigned to the case by NVC and if he is still in the states on a student visa you can then file the I-485 to adjust status.

 

As for the current I-864 forms.

 

I-864 for spouse:

  • Part 3 #1 Yes #2 unchecked, step son immigrating should have a separate I-130 petition so is not included on this I-864, and will not be named on 2.a #7 will be 1
  • Part 5 #1 will be 1 #2 is always 1, #3 is 0 #4 is 1 (The stepson) or 2 if the second stepson is claimed as a dependent
  • Part 5 #8 should be the same on both I-864 (3 or 4 depending on how older stepson is counted)

I-864 for stepson immigrating

  • Part 3 #1 Yes and again as above #2 is unchecked and #7 is 1
  • Part 5 #1 is 1, #2 is 1 and #3 is 1 and #4 is 0 if the second stepson is not claimed as a dependent
  • Part 5 #8 should be the same on both I-864 (3 or 4 depending on how older stepson is counted)
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