I-130 Procedural Question

[snowjoe 0]

I filed and paid the fee for two I-130's. One for my wife and one for my step-son. Recently I was told by a professional immigration facilitator that I just need to file one I-103 and put the child on that application. A phone call to the USCIS yielded a different answer. They said that I did need to file two I-130's. Who is correct?

I ask because I am preparing to file my Affidavit of Support. The is language on the form that says "I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 Do not include any relative listed on a separate visa petition.

My question:

Do I file and pay for two separate I-864 Affidavit of Support forms?

Joe

[Ryan H 3,813]

Lose that "facilitator's" contact information. Filing two I-130 forms (and paying the fee for both) was the correct thing to do (i.e. USCIS is right, not this so-called facilitator).

When the files reach the NVC, two I-864 forms will need to be completed; however, the fee will only need to be paid once.

[pushbrk 12,979]

Exactly correct. Don't pay any attention to another word from this "facilitator". You were given advice for a fiancee case, not a spouse and stepchild case. If they don't know the difference, they can only hurt you.

[snowjoe 0]

Thank you for the information. Will NVC only ask for one fee or do I just pay one fee but send two I-864's?

[Ryan H 3,813]

Thank you for the information. Will NVC only ask for one fee or do I just pay one fee but send two I-864's?

Pay the fee after it has been invoiced, then send the two I-864 forms.

[pushbrk 12,979]

I filed and paid the fee for two I-130's. One for my wife and one for my step-son. Recently I was told by a professional immigration facilitator that I just need to file one I-103 and put the child on that application. A phone call to the USCIS yielded a different answer. They said that I did need to file two I-130's. Who is correct?

I ask because I am preparing to file my Affidavit of Support. The is language on the form that says "I am sponsoring the following family members immigrating at the same time or within six months of the principal immigrant named in Part 2 Do not include any relative listed on a separate visa petition.

My question:

Do I file and pay for two separate I-864 Affidavit of Support forms?

Joe

In re-reading this, I just want to clarify, that NO, do not include any other family members in "I am sponsoring the following...." BECAUSE they are listed on a separate petition.

DO count the child as a dependent child when putting numbers in small boxes elsewhere on your spouse's form. On the spouses form, do not count her twice by putting a 1 in the spouse box. On the child's form, DO put a one in the spouse box and reduce the number of dependent children by one (perhaps to zero) because the child is already counted as the intending immigrant.

The above describes common mistakes that cause delays.

Hint. Fill out the affidavit for the wife and save it with your wife's name. Then in the same PDF file, change what needs to be changed to make it for the child. Usually that's just the name, date and possibly place of birth and the numbers in the little boxes. Then save it with the child's name. No need to fill out two forms from top to bottom. You'll end up with two with far less work.