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Posted (edited)

Hello...I am pretty certain that I need to file separate AOS's for both my wife and stepson. My question is part 2/1 (Info on principal immigrant) and part 2/2 (family member 1). Obviously, my wife is the "principal imigrant" in her 864 and the son is "family member 1". Do I simply switch them in his 864??? (Making him the "principal immigrant", and my wife "Family member 1", which would make sense....)...thanks....

Edited by BobnRuby
Posted

Hello...I am pretty certain that I need to file separate AOS's for both my wife and stepson. My question is part 2/1 (Info on principal immigrant) and part 2/2 (family member 1). Obviously, my wife is the "principal imigrant" in her 864 and the son is "family member 1". Do I simply switch them in his 864??? (Making him the "principal immigrant", and my wife "Family member 1", which would make sense....)...thanks....

I believe you fill one out for each. As I sit here filling out my I-864's I'm asking the same as you on the 2nd part of your question. Thanks

Posted

From what I read, the form says, "Do not include any relative listed on a separate visa petition." (Part 3 question 2) So it is my understanding that if you filed separate I-130 petitions for your wife and step-son, they also each need their own I-864. They still need to be counted when adding up the size of your household, though.

Posted

Hello...I am pretty certain that I need to file separate AOS's for both my wife and stepson. My question is part 2/1 (Info on principal immigrant) and part 2/2 (family member 1). Obviously, my wife is the "principal imigrant" in her 864 and the son is "family member 1". Do I simply switch them in his 864??? (Making him the "principal immigrant", and my wife "Family member 1", which would make sense....)...thanks....

Couldn't edit my post to include this.

The key words here are "Family Member" not "Immediate Relative" which is what your wife and step-son are considered. As an example, if you were sponsoring your sister and her spouse/child, then you would file one I-864 and list her spouse/child under family member 1, 2 etc.

Posted

From what I read, the form says, "Do not include any relative listed on a separate visa petition." (Part 3 question 2) So it is my understanding that if you filed separate I-130 petitions for your wife and step-son, they also each need their own I-864. They still need to be counted when adding up the size of your household, though.

Very confusing, if you read the instructions for form I-864. In part 3 #2 says.. The immigrant you are sponsoring may bring children to the US. If the children will be traveling to the US with the immigrant, or within 6 months of immigrants entry of the US and you are sponsoring them, you should list the names and other requested information on the lines provided. So I'm still confused...

However I do understand that they both need separate I-864's

Couldn't edit my post to include this.

The key words here are "Family Member" not "Immediate Relative" which is what your wife and step-son are considered. As an example, if you were sponsoring your sister and her spouse/child, then you would file one I-864 and list her spouse/child under family member 1, 2 etc.

Okay, I see what you are saying. Thanks

 
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