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Filed: Timeline
Posted

On form I-864:

Part 5.8 says "add lines 1-7", i get total of 3. According to the instructions on the form, 1+1+1 = 3. However, shouldn't the total only be 2? There are only 2 people, the petitioner and spouse. Why does it add up to 3? What am I doing wrong?

Filed: Timeline
Posted (edited)

The sample I-864 shows a ZERO for "if you are currently married".

Should I put ZERO? If I put zero, then it adds up to 2.

See Part 5 on the sample. http://www.visajourney.com/examples/INS-Form-I-864.pdf

The spouse is already entered on 5.1

You have the following:

5.1 spouse

5.2 yourself

5.3 if you are married ENTER 1

Therefore, you are adding them up to a total of 3, but it should only be two. Is something wrong with the instructions, or should I just say i am NOT MARRIED and put a ZERO on 5.2 so I can get a total household size of 2?

Edited by kamas
Filed: Timeline
Posted

The sample I-864 shows a ZERO for "if you are currently married".

Should I put ZERO? If I put zero, then it adds up to 2.

See Part 5 on the sample. http://www.visajourney.com/examples/INS-Form-I-864.pdf

The spouse is already entered on 5.1

You have the following:

5.1 spouse

5.2 yourself

5.3 if you are married ENTER 1

Therefore, you are adding them up to a total of 3, but it should only be two. Is something wrong with the instructions, or should I just say i am NOT MARRIED and put a ZERO on 5.2 so I can get a total household size of 2?

You are married. But you do not put 1 on 5.3, since your spouse is sponsored by the affidavit.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Good to know! Thank you so much. They should put that somewhere in the instructions.

They already do have it mentioned, on the form and the instructions.

From the instructions, Page 5> http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Part 5. Sponsor's Household Size.

This section asks you to add together the number of persons for whom you are financially responsible. Some of these persons may not be residing with you. Make sure you do not count any individual more than once, since in some cases the same person could fit into two categories. For example, your spouse (whom you would enter on Item Number 3. might also be a lawful permanent resident whom you have already sponsored using Form I-864 (Item Number 6.). If you included your spouse on Item Number 3., do not include him or her again on Item Number 6.

From the form itself > http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

Part 5. Sponsor's Household Size

Your Household Size - DO NOT COUNT ANYONE TWICE

Persons you are sponsoring in this affidavit:

1. Enter the number you entered on line 7 of Part 3

Persons NOT sponsored in this affidavit:

2. - 7.

The form can be used by those that have a spouse that is not the person being sponsored on this form; a joint sponsor, for example.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

  • 6 months later...
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

This is a confusing topic. My I-864 has not passed review for weeks. Today I called NVC and was told my Part 5, Items 1 and 8 have the problem. Here is my entries:

Background: I am sponsoring my wife, with one child who is a US citizen:

5.1 = 1

5.2 = 1

5.3 = 0

5.4 = 1

...

5.8 = 3

So I cannot figure out what is wrong here. Any expert advice?

I saw a similar discussion at http://forumarchive.immigration.com/forum/immigrant-visas-green-cards/family-based-green-cards-through-marriage-or-a-relative/348723-question-about-i-864-part-3-help-please, they just double count.

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

Those would be correct. Either they are confused about the child being a USC and not being sponsored all on their own, or you listed the child somewhere on the form to give them that impression. Did you list the USC child somewhere on the form? What did you put for Part 3 #7?

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: Citizen (apr) Country: Mexico
Timeline
Posted

I do not see why it would be incorrect then. They are mistaken for some reason. I am not that familiar with how the checklists from the NVC work, but is there a way to let them know you believe your household count is correct and explain why? Or do you just send back a new I-864 with documentation and an explanation of how you listed it being correct?

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

When I called NVC yesterday, I was coldly responded: I can only tell you which part is wrong, but cannot tell you how to correct it since this is a legal document. Basically leave me to nowhere to ask.

It sounds like a good suggestion to attach a note to explain why I think the Part 5 is correct. I will do that.

  • 2 years later...
Posted

Thank you to those who have brought clarity to this!!

If I understand correctly, if you are sponsoring your spouse, put a "zero" on 5.3 where it asks whether or not you are married. The "1" on 5.1/3.28 is what represents your spouse, and is not needed in 5.3. If added, it will add one too many on 5.8. Yes?

Tackling the legal-ese and hoop-jumping one day at a time thanks to the help of you amazing trail blazers,

CS

 
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