Affadavit of Support fee

[Richard-Y-Abigail 18]

We are applying for our temporary 2-year conditional GC, and read that when affidavit of support forms are reviewed domestically, that a fee of $88 is charged. We are sending the $1,070 for my wife, and the $635 for each of our two K-2 derivative children. I do not make enough money to support a family of 5, and we have a sponsor to take up the slack. They will be signing an I-864A Affidavit of Support form. Anyways, do we need to pay the $88 fee to review the affidavit?

[bigdog 377]

Status says you filed for K1, you say AOS and then fee for K1? Am I confused? There is a new I864 form FYI, if you are transitioning from K1.

[Jamaica2009 4]

Status says you filed for K1, you say AOS and then fee for K1? Am I confused? There is a new I864 form FYI, if you are transitioning from K1.

If you are filing for AOS and EAD, the $88 is included in the $1070

[Richard-Y-Abigail 18]

That is right. We married within the 90 days allowed and we are now applying for the GC and EAD. Thanks Jamaica2009, we were not sure. I have been going over the requirements to obtain the GC and EAD, and just read about the fee just a few minutes ago.

[VanessaTony 3,567]

Couple of things, the IMMIGRANT is applying for THEIR GC, the USC is the sponsor, the immigrant is the applicant. The immigrants are applying for THEIR GC's, not "we are applying for our...".. you are irrelevant except monetary reasons. This is important because it will confuse people if you claim to also be applying for a GC.

The $88 fee doesn't apply.

I'm assuming the children are your STEP-children. This is important because people will ask questions on here about why they didn't get USC if you are claiming them as your own.

If you do not live with the joint sponsor they complete an I-864, not I-864A. If the joint sponsor completes an i-864 (because you don't live with them) they need to earn enough for THEIR household size plus the immigrants. What do you mean household of 5? You have a child? Where is the extra one? If it's your child (and a USC) the joint sponsor doesn't add it to your household size.

Edited December 28, 2011 by Vanessa&Tony

[Richard-Y-Abigail 18]

Hi Vanessa and Tony. We have discussed various parts of our visa journey on other posts. Sometimes our journey has evoked many reactions with ourselves, and others, that I just felt that I would try to ask in the most simplest way.

My wife is the beneficiary, and she had two children when I met her. We had a baby together. Sorry about not telling the whole story.

My wife and the two boys have been out of status for about two years, and only now they are applying for their GC's. My wife got me into the habit of saying our GC's. She feels like when I tell her that she will be getting her GC, that I am saying something bad.

As for the I-864's...I did not know that depending on where we are living, will decide which form the sponsor will fill out. This is probably where we will have to explain to the IO at the AOS meeting. Admittedly, we are renting a small home, but have maintained our permanent residence with the sponsor. I did not report that we are not living with them. I have no other excuse other than fear to report where we are living because of my wife and two stepsons being out of status, and the second reason being that I was trying to just keep things simple. I have every intention of reporting this to the IO at the meeting to adjust status.

For the record, we have asked little of the sponsor since the arrival of my wife and stepsons. The sponsor makes more than enough money to be the sponsor, but at the same time, after their offer to sponsor, they were hit with huge expenses, helping other members of their family. All of which, I believe, will not affect us. I have been working, and we will use the sponsor's income only as a supplement.

Thanks for the heads up on which forms to fill out. I know that I have a few problems with our journey, but I plan on being completely honest with the IO, and see what happens. It is probably not the best strategy, but I do feel confident that we should be okay.

[Richard-Y-Abigail 18]

I should say that in all honesty, daily, I live with the mistakes that I have made along the way on our visa journey. How we made it this far amazes us. I am afraid of the interview, but we plan on just being transparent, and apologetic. I have faith that although we have made a few mistakes, that after some begging, and maybe a few tears, we will still be approved.

We are a strong family. We have children who excel at school, are polite, obedient and respectful. We have suffered economically, and we are now rising from the ashes of a bad economy, severe sickness, TB, pneumonia, breast cancer, and an eviction. We have done all that we can to continue living as well as we can. We, as well, have endured the work restrictions on my wife, who does not have her EAD, and her being a non-citizen, and we have had to put up with the knowledge that we are behind on the AOS, time lost towards their citizenship, and not being able to move forward.

After many emails to immigration, letters to VJ, countless conversations with USCIS, and months of stress, I have come to the point that I will submit the I-485's, as well as all the other forms, along with personal evidence and photos, and let the truth guide us the rest of the way. I know that I have not dotted every i, nor crossed every t, but no one can ever say that we have lied, or done anything fraudulent, although some have accused us of just that.

I always say, how do we raise honest children, if we are not honest ourselves?

[VanessaTony 3,567]

The sponsor doesn't need to give you any money. Just as an FYI. They're only there to pay back the government if the immigrants try and claim benefits.

Couple of other things - they arrived on K1's and k2's. There is NO deadline for filing AOS so there's nothing to worry about there. If you've been married more than 2 years you should file an i-130 so your wife and step-sons end up with 10 year GC's. if you can't afford to do that there's no problem, they'll just get 2 year cards (instead of 10) and they'll have to ROC in 2 years.

If you don't prove enough income, or your sponsor doesn't earn enough then begging won't help you. You WILL be denied.

Lying about where you're living is also a BIG deal. It is against the law for the immigrants not to change their address. They have 10 days from moving to change their address. You need to file AR-11's for them. Your "out of status" wife and step-kids aren't deportable simply by being out of status. Had they run into ICE (they wouldn't come to your house) they would have put them in detention until seeing an immigration judge who would have ordered you to file AOS immediately.

You need to correct the address now. If you haven't sent AOS you need to submit an I-864 with the CORRECT address and have the joint sponsor complete an I-864. If you've already sent your AOS docs then you need to take the fixed I-864 of yours and the joint sponsors to the interview.

LYING at any stage of the process (no matter what the reason) will result in denial and deportation with a lifetime ban. It's called a material misrepresentation. You are lying about living with the joint-sponsor in order to submit and I-864A (that is all they will care about, not your loving reasons for doing so). If you admit to the IO that you are not living with the joint sponsor you will be denied. If you don't admit it and they know (which they can find out many different ways) then you are denied. Both cases with a lifetime ban for lying.

[VanessaTony 3,567]

I should say that in all honesty, daily, I live with the mistakes that I have made along the way on our visa journey. How we made it this far amazes us. I am afraid of the interview, but we plan on just being transparent, and apologetic. I have faith that although we have made a few mistakes, that after some begging, and maybe a few tears, we will still be approved.

We are a strong family. We have children who excel at school, are polite, obedient and respectful. We have suffered economically, and we are now rising from the ashes of a bad economy, severe sickness, TB, pneumonia, breast cancer, and an eviction. We have done all that we can to continue living as well as we can. We, as well, have endured the work restrictions on my wife, who does not have her EAD, and her being a non-citizen, and we have had to put up with the knowledge that we are behind on the AOS, time lost towards their citizenship, and not being able to move forward.

After many emails to immigration, letters to VJ, countless conversations with USCIS, and months of stress, I have come to the point that I will submit the I-485's, as well as all the other forms, along with personal evidence and photos, and let the truth guide us the rest of the way. I know that I have not dotted every i, nor crossed every t, but no one can ever say that we have lied, or done anything fraudulent, although some have accused us of just that.

I always say, how do we raise honest children, if we are not honest ourselves?

This is all very well and good but you're NOT being honest. You need to fix the I-864's. that's a biggie. You need to tell them you've moved. While they legally need to do so within 10 days they should be okay THIS time. You need to fix all this before the interview. Admitting to lying at the interview will have you denied. Not admitting to the lies and being found out results in denial.

Fix the paperwork so there are NO lies on it. This is VERY very important. All the tears and apologies in the world will not save your wife and step-kids from a lifetime ban for lying. For their safety you need to fix this.

[Richard-Y-Abigail 18]

Okay. I will do the change of address TODAY. I believe that I can do it electronically. If not, I will send in the form immediately.

Thank you.