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Help: I-864, Item 9

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I am a US citizen so I was required to file separate I-130s for my spouse and child. I believe later they will have separate visa petitions at NVC and Consulate too. Am I right?

Now I am assembling I-864 for my spouse’s case at NVC (my child’s case is still pending with USCIS). Questions:

a. I-864 instructions say that “Separate affidavits of support are required for intending immigrants for whom different Form I-130 petitions were filed”. So my child is NOT the accompanying dependent of the principal immigrant (my spouse) in this case. With that said, should I include my child in Item 9 on I-864?

b. If I do not include my child in my spouse’s I-864, do I have to submit another set of I-864 to NVC later for my child’s case?

Thanks a lot for your help!

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No you should not put your Child on item 9 and you will have to file a separate I-864 for him/her.

JBHypno


IR-1 / CR-1

Service Center : Vermont Service Center

Consulate : Guangzhou, China

Marriage : 2007-06-11

I-130 Received : 2008-02-14

I-130 NOA1 : 2008-02-21

I-130 Touched : 2008-02-29

I-130 Congressman agrees to file expedite request : 2008-08-04

I-130 Transfered to CSC : 2008-08-27

I-130 Touched : 2008-08-28

I-130 Touched : 2008-09-04 (File received and pending at 11:30 PM)

I-130 Touched : 2008-09-05

I-130 Touched : 2008-09-08

I-130 Touched : 2008-09-19

I-130 Approved : 2008-09-19

I-130 Touched : 2008-09-22 (I think they are partying too much)

I-130 NOA2 : 2008-09-26

NVC

2008-09-29 : Received case number from operator

2008-10-01 : DS-3032 and AOS bill mailed

2008-10-03 : Mailed DS-3032 Express Mail

2008-10-06 : Received DS-3032 and AOS bill

2008-10-06 : DS-3032 received at NVC

2008-10-07 : Paid AOS fee online

2008-10-09 : AOS bill shows paid online

2008-10-09 : Mailed I-864 package Express Mail

2008-10-09 : DS-3032 approved and IV bill available online

2008-10-10 : Paid IV fee online

2008-10-13 : IV bill shows paid online

2008-10-15 : DS-230 package mailed Express Mail

2008-10-23 : Case complete

CONSULATE

2008-10-27 : Visa package shipped DHL to Guangzhou

2008-10-30 : Visa package arrives at customs clearing center in Guangzhou (2-4 months for clearance)

2009-02-19 : Visa package released from customs and delivered (3 months & 20 days later)

2009-04-28 : Interview

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No you should not put your Child on item 9 and you will have to file a separate I-864 for him/her.

JBHypno

Thanks JHBypno

So If my child will file separate I-864 and DS-230 later and I do not put my child on my spouse's I-864, I should NOT answer "YES" to item 21a and 21b on my spouse's DS-230, which I am now preparing too.

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