i-864 Sponsorship question

[jakesteel 0]

I have a few questions about filling out the i-864 form. I'm am filing with a joint sponsor. I am intending to sponsor my wife and my mom intends to sponsor her 3 children. On part 3 where we indicate this info, there is no option for my mom (the joint sponsor) to tick that she only wants to sponsor the children because it says you can only tick no in cases where there are 2 joint sponsors whereas we only have 1. I do not want my mom to sponsor my wife, i just want her to sponsor the children but by adding the numbers together as instructed in part 3 item 7 and in part 5 these will always add up to 4 on the joint sponsor's affadavit because the single joint sponsor is not allowed to tick no.

What do I do? Is the joint sponsor required to sponsor the principal immigrant? If so, then what is the actual purpose of there being a joint sponsor if every single petitioner who uses a single joint sponsor must sponsor the principal immigrant twice between all the sponsors?

[jsumner86 403]

Do you have a separate I-864 for each child?

[jakesteel 0]

No. Should I? The i-485 instructions say you only need 1 i-864 per sponsor, not per immigrant.

[jsumner86 403]

When you filed for your wife, was it an I-130? Did you petition for any of the children as well?

[jakesteel 0]

I filed an i-129f, and yes I petitioned for the children, my wife entered on a k1, and the children entered on a k2. Sorry, I'm filing for the adjustment of status, not for a spousal visa. Meant to mention that in post but too frustrated at this form.

[jsumner86 403]

Right, okay. That helps a bit. Not sure on the Adjustment of status route with the children and the spouse. Usually if you petition for a spouse and children, they usually get their own and that's a way you could do the I-864 without using your spouse as a principal applicant. Sorry, not much help. Someone will surely know what to do. Sorry mate.

[baron555 934]

You can't split up the sponsorship. One sponsor must sponsor the new household size (have sufficient income for the new household size).

The instructions are clear what to do about the K-2s regarding the 864 (I think a copy of the primary 864 is all that is required....and maybe no attaching documents....it's been a while and I don't have time to read the instructions.)

[KayDeeCee 4,893]

You don't split the sponsorship with only one joint sponsor. With a K-2, you would list them as family members immigrating with the principle immigrant within 6 months, and they are included on the one I-864 and in the household count. You would then just make a copy of the I-864 and supporting documentation to add with each K-2's I-485. With one joint sponsor, they agree to support all listed.

Do you happen to reside with your mother? If you do, she could file an I-864A instead, combine her income with yours and then the combined income would cover the entire household count.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~