AOS for K1 with Co-Sponsor,confusing :-(

[ManilaIdaho 2]

My I-94 has been expired for more than a month now,i will soon be adjusting my status but not my son(k2)yet since we dont have enough money to pay for both of us.Will this not be a problem?Will my son not be deported because he's already out of status?

Since I will be getting a co sponsor,i know that my husband and the co sponsor will both be filling out the I-864,However,i have some questions regarding :

Q9.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. - since we wont be adjusting for my son yet,and will not be combining incomes,will i still write his name here?

Q24-E. The person listed above (my name) does not need to complete form I-864A because he/she is the intending immigrant and has no accompanying dependent....this is confusing since i know this is the right box to check but i have an accompanying dependent,will i still have to check this box?

My co-sponsor have filed his tax jointly,will his wife sign the I-864 too or just him?

Thank you for your replies.

[Otto 83]

You do know that the AOS fee is $300+ more for your child if filed after yours right?

[ManilaIdaho 2]

You do know that the AOS fee is $300+ more for your child if filed after yours right?

oh i didnt know that,i thought it'll be the same as mine.Thank you so much for the information Karin und Otto.how about my other questions?

[Bobby+Umit 161]

My I-94 has been expired for more than a month now,i will soon be adjusting my status but not my son(k2)yet since we dont have enough money to pay for both of us.Will this not be a problem?Will my son not be deported because he's already out of status?

Yes, being out of status can cause problems up to deportation. It will also count as "overstay" so if you leave the country at 180+, even with an AP, you will be subjected to a ban upon re-entry. You should AOS him at the same time you do. Beg/Borrow the money if you need too.

Since I will be getting a co sponsor,i know that my husband and the co sponsor will both be filling out the I-864,However,i have some questions regarding :

Q9.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. - since we wont be adjusting for my son yet,and will not be combining incomes,will i still write his name here?

If you are still financially responsible for them, you will need to count him - plus he came over on your visa petition?

Q24-E. The person listed above (my name) does not need to complete form I-864A because he/she is the intending immigrant and has no accompanying dependent....this is confusing since i know this is the right box to check but i have an accompanying dependent,will i still have to check this box?

You would not check that. You have accompanying dependents - your son. (you are financially responsible for him - right?)

My co-sponsor have filed his tax jointly,will his wife sign the I-864 too or just him?

Are both of them sponsoring, or just him?

Thank you for your replies.

[ManilaIdaho 2]

My co-sponsor have filed his tax jointly,will his wife sign the I-864 too or just him?

Are both of them sponsoring, or just him?

Thank you for your replies.

Just him.

Thank you for answering all my queries

[Bobby+Umit 161]

Also - in the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated to support.

So, when you calculate household size on the I-864, if your son is under 21 and your financially responsible for him, you have to count him. (regardless if you list him to be sponsored)

Save yourself the headache and AOS him at the same time you do would be my advice.

[Gary and Alla 3,696]

You do know that the AOS fee is $300+ more for your child if filed after yours right?

oh i didnt know that,i thought it'll be the same as mine.Thank you so much for the information Karin und Otto.how about my other questions?

IF the child is under 14 years old and files at the same time, the fee is $600. If over 14 or filed at a different time the fee is the same

[Gary and Alla 3,696]

My I-94 has been expired for more than a month now,i will soon be adjusting my status but not my son(k2)yet since we dont have enough money to pay for both of us.Will this not be a problem?Will my son not be deported because he's already out of status?

Since I will be getting a co sponsor,i know that my husband and the co sponsor will both be filling out the I-864,However,i have some questions regarding :

Q9.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. - since we wont be adjusting for my son yet,and will not be combining incomes,will i still write his name here?

Q24-E. The person listed above (my name) does not need to complete form I-864A because he/she is the intending immigrant and has no accompanying dependent....this is confusing since i know this is the right box to check but i have an accompanying dependent,will i still have to check this box?

My co-sponsor have filed his tax jointly,will his wife sign the I-864 too or just him?

Thank you for your replies.

You just HAD to make me open that box didn't you?

Q 9) I filed the I-864 for my wife and one son in November '08. I listed her and the name of our son which came with her. Our other son is coming this July and I did not list him as it would not be within 6 months

Q 24) NA leave it blank. Unless you have an EAD and are working and your income is being counted toward the supporting income, then you need to fill out I-864a. If only your husbands income is considered answer Q 24a and leave the rest blank.

If the co-sponsor files a joint return and is the only co-sponosr, only HIS income will be considered. To consider both incomes of a joint return then you would need both people to co-sponsor and complete an I-864. If his income is enough, don't worry about it. Your co-sponosr will have to make enough money to support HIS wife and family as well as you and your son (not your husband, he is a USC and does not need a sponsor) For your husband's I-864 he would count himself, you, your son and any oher children he may have dependent on him.

[Gary and Alla 3,696]

Also - in the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated to support.

So, when you calculate household size on the I-864, if your son is under 21 and your financially responsible for him, you have to count him. (regardless if you list him to be sponsored)

Save yourself the headache and AOS him at the same time you do would be my advice.

I agree with Bobby. Borrow $600 if you have to and do it all at once. The other option, though not recommended, is that once your CGC is processed your file will be at the local office. For our older son we have been told to "walk in" the local office and submit his AOS, they will do the biometrics for him and get his green card out to him. This is because he is derivitive of the K-1 and the AOS for the K-1 has been processed. However, your son would be out of status for a long time and that is not good. Our son will not be out of status since he is a K-2 to follow. I think you are opening a can of worms you do not want to open. The only way to get the worms back in is....get a bigger can. Try to do it all at once.

[TinTin and Samby 11]

Also - in the I-864 instructions:

How Do I Count Household Size?

Your household size includes yourself and the following individuals, no matter where they live: any spouse, any dependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, all persons being sponsored in this affidavit of support, and any immigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated to support.

So, when you calculate household size on the I-864, if your son is under 21 and your financially responsible for him, you have to count him. (regardless if you list him to be sponsored)

Save yourself the headache and AOS him at the same time you do would be my advice.

Yes, Good Advice from Bobby here. Do anything you can to avoid putting this off to a future time. The process is stressful enough, you want to get through it and be done. Not have to go through it twice - le alone any potential issues that may come up in the future for your son if his AOS is delayed. Good Luck to you and your family.

Edited April 29, 2009 by TinTin and Samby

[ManilaIdaho 2]

Thank you guys for the advice and for explaining everything to me,you're all awesome My son is 13yrs old.We'll do our very best to submit our application all together