NVC advising me not to add children to household size! PLEASE HELP!!!!!

[Rlelle09 28]

My situation is complicated...even to NVC.

Okay here goes..my husband has two petitions processing at this time one for spouse and one for stepchild. We also have two biological children together whom have received their CRBA's, but no SSN. We ALL reside abroad (Canada) in the same house. My son/the petitioners stepson just turned 12 therefore IS a dependent.

My husband is the bread winner as I am currently unemployed. (NO his Canadian income will not continue, YES we have a joint sponsor who makes well above the poverty limit even for 7 people) now that that's out of the way.

My husband has NOT claimed ANYONE on his taxes, but it will be amended later once the children receive their SSN.

We are completing the i-864, so I gave NVC a call to verify that the household size should be 5 on each i-864 as there are two petitions currently processing.

For my sons i-864 part 5 the number 1 represents him as the immigrant, I am the spouse, and we have two minor children, which altogether including my husband is 5.

On my i-864 the 1 represents me as the intending immigrant, 1 for my husband, and 3 for the dependents ( including my son/the petitioners stepson) bringing the total to 5 again.

NVC is telling me NOT to include the children on any of the i-864's except the one for the stepchild where he is the intending immigrant, which would bring the household size to 3, because they are not claimed on my husbands taxes. They said he must submit info to match what is on his taxes now. I asked if this is not a misrepresentation, and they said no, but in the initial i-130 the birth certificates of our biological children were sent with the petition for spouse to prove bona fide relationship.

I informed NVC of the documents sent to USCIS and they said that doesn't matter, because anything sent to USCIS does not get sent to NVC.

Sorry for the story book, but it was necessary for you to know in order to give the correct answer.

TIA

[FlyingPhoenix 4]

I did a K1 visa so I am not completely sure on the IR-1/CR1 visa process, I assume there is an interview after the NVC so perhaps you should just send the NVC what they have asked for (household of 3) even if you know that to be incorrect then have an additional copy that includes your other 2 children and bring that to the interview incase they ask for it. And if they ask why you didn't include them when you sent for I-864 to the NVC you will simply tell them what the NVC said when you called them. Then you would have both bases covered? I'm sure others can maybe help you more than I can but his is what I would do if I was in the situation you described. Hope that helps

[Rlelle09 28]

I did a K1 visa so I am not completely sure on the IR-1/CR1 visa process, I assume there is an interview after the NVC so perhaps you should just send the NVC what they have asked for (household of 3) even if you know that to be incorrect then have an additional copy that includes your other 2 children and bring that to the interview incase they ask for it. And if they ask why you didn't include them when you sent for I-864 to the NVC you will simply tell them what the NVC said when you called them. Then you would have both bases covered? I'm sure others can maybe help you more than I can but his is what I would do if I was in the situation you described. Hope that helps

Thank you SO much for your response and thank you for reading my novel lol! I will definitely let this be an option if a clear answer is not given before then. Thank you again. :-)

[mtlguy 59]

Thank you SO much for your response and thank you for reading my novel lol! I will definitely let this be an option if a clear answer is not given before then. Thank you again. :-)

Hey Rlelle09,

I called NVC again today to speak to another representative about my case (remember the novel I posted on the weekend?)

Well turns out that on your form you should include yourself only (yes, no kids)

on your son's form you should exclude yourself (yes, you will not be counted, if your husband is not declaring you as a tax dependent on his US taxes).

In my case, the household size is 5 on all forms: my wife + her 3 kids + 1 intended immigrant (me or one of my children)

I spoke to a lady who seemed to know what she's talking about. she said she saw this cases in the past. she informed me that at the interview they will combine all the info from all forms, and determine the final house hold size.

so let's see what happens.

cheers.

[Rlelle09 28]

Hey Rlelle09,

I called NVC again today to speak to another representative about my case (remember the novel I posted on the weekend?)

Well turns out that on your form you should include yourself only (yes, no kids)

on your son's form you should exclude yourself (yes, you will not be counted, if your husband is not declaring you as a tax dependent on his US taxes).

In my case, the household size is 5 on all forms: my wife + her 3 kids + 1 intended immigrant (me or one of my children) NJ

I spoke to a lady who seemed to know what she's talking about. she said she saw this cases in the past. she informed me that at the interview they will combine all the info from all forms, and determine the final house hold size.

so let's see what happens.

cheers.

You're Amazing!! I tried to help you and you ended up helping me lol!! Thank you so much!! :-)

[NikLR 13,232]

I'm glad mtlguy was here to help you. I wish I could have but had NO idea and the last person I remember going through as a family isn't active on VJ anymore! all the best to both of you!

[Rlelle09 28]

I'm glad mtlguy was here to help you. I wish I could have but had NO idea and the last person I remember going through as a family isn't active on VJ anymore! all the best to both of you!

No worries NLR! You have already been a great help. Besides, it's about time I gave you a break. Lol! Take care. :-)

[Rlelle09 28]

Bump. I don't feel this is right. Can anyone with experience or knowledge please chime in?

[NikLR 13,232]

IMO for mtlguy his wife (USC) should write down her 3 children on each form however but doesn't count any step children on his I-864. He, the immigrant, would be counted on any step-children's forms however as a spouse. But other step-children wouldn't be counted on each other's.

unless i'm wrong? But as I understand you have to count biological children on every I-864 because it asks for children of the sponsor. (obviously a joint sponsor wouldn't count the USC children, and each immigrating person needs their own I-864 on which they are all counted separately. You on one, the child on another, and you aren't on each other's form's for the joint sponsor.

On the petitioner's I-864s you wouldn't count the step-child on the mother's (the immigrant's) but you would count the mother (the immigrant) on the step-child's under spouse.

Edited July 4, 2014 by NLR

[Rlelle09 28]

On the petitioner's I-864s you wouldn't count the step-child on the mother's (the immigrant's) but you would count the mother (the immigrant) on the step-child's under spouse.

When I look here

http://www.visajourney.com/forums/topic/371670-counting-household-size-for-i-864/ there is a stepchild and wife and both are listed on each others i -864 even though they both are intending immigrants with their own petitions and i-864's.

[NikLR 13,232]

Yeah i've read that one. And I believe pushbrk is likely correct, but I've seen it the other way too. It may take a couple days for a response from pushbrk if you don't mind waiting.

Edited July 4, 2014 by NLR

[NikLR 13,232]

My husband did not have to add my daughter to any I-864 because she wasn't immigrating to the USA. So it's not an area I'm extremely experienced in to be honest, just trying to make the most sense out of it.

[Rlelle09 28]

Yeah i've read that one. And I believe him but am also not sure.. You' posted again in that one thread and it may take a couple days for a response if you don't mind waiting. I responded but it may be worth the wait for him.

I don't mind. This whole process is all about waiting anyway, even though I didn't have to wait that long. I'm okay with it. Thank you for trying to help!! It is very much appreciated :-).

[Rlelle09 28]

My husband did not have to add my daughter to any I-864 because she wasn't immigrating to the USA. So it's not an area I'm extremely experienced in to be honest, just trying to make the most sense out of it.

Was your husband residing with you and your daughter at that time? I think those fine details of my situation are what makes this so difficult. Unemployed biological parent, and they live together.

[NikLR 13,232]

Was your husband residing with you and your daughter at that time? I think those fine details of my situation are what makes this so difficult. Unemployed biological parent, and they live together.

No he was in the USA. My daughter lives with her father in Canada, her choice not to leave her close family and friends or school.