I-864 Form for Spouse and Stepchild

[roxy323i 6]

Looking for advice and guidance.

In Part 3, Item 2 of the I-864 Form instructions, it states, The immigrant you are sponsoring may be bringing a spouse and/or children to the United States. If the spouse and/or children will be traveling with the immigrant, or within 6 months of the immigrant's entry to the United States and you area sponsoring them, you should list the names and other requested information on the lines provided. If any dependents are not immigrating, will be immigrating more than 6 months after the sponsored alien arrives in the United States, or you are not sponsoring them, do not list their names here. A separate Form I-864 will be required for them when they apply for their immigrant visa. However, on the form itself, it states, ​I am sponsoring the following family members immigrating at the same time or within 6 months of the principal immigrant named in Part 2. Do not include any relative listed on a separate visa petition.

I have petitioned for my husband and stepson at the same time. Both have been approved and will hopefully be traveling together when visas are approved. My stepson has a separate visa petition. I feel like the form instructions contradict the statement on the form itself. So do I include my stepson on Part 3 Item 2 or not?

I've tried combing through the forum to find answers, so I apologize if this is a double post.

I appreciate any help I can get

[j&ana 363]

you will not include your stepson on your husband I-864 form or include your husband on your stepson I-864. They have separate visa application so you will need to fill out another one for your stepson

[roxy323i 6]

I assume I don't include my stepson on Part 5. Sponsor's Household Size either?

[Nich-Nick 3,353]

I assume I don't include my stepson on Part 5. Sponsor's Household Size either?

I haven't ever actually thought about your question before, but looking at it, I would do the household section this way.

I-864 for husband:

1) 1 (husband/immigrant)

2) 1. (Yourself)

3) 0 (don't count spouse twice, as he is already in Line 1)

4) 1 (your stepson)

8) 3 (total household)

I-864 for step-son

1) 1 (stepson/immigrant)

2) 1 (yourself)

3) 1 (your wife)

4) 0 (don't count stepson twice, He is already in Line 1)

8) 3 (total household)

If you have children in addition to the stepson, then count them in Line 4 as well.

[roxy323i 6]

Thanks for the reply Nich-Nick

Anyone else have/had a similar situation as me? I'm still quite confused and having doubts. I would love to get this packet sent out asap.

[roxy323i 6]

I also have a question about gathering the civil documents. In the NVC website, it states that "you and each family member accompanying you" must submit a birth certificate, passport bio data and photo. Does that mean I have to include documents of both my husband and stepson in each other's packet? Meaning, birth certificate, bio data and photo of husband and stepson in husband's packet and vice versa?

[Nich-Nick 3,353]

I think you are over thinking this. The I-864 is used by many visas and also adjustment of status. The NVC processes many visas other than spouses. So the forms are one-size-fits-all but nobody perfectly. Example David Beckham gets a visa to play football in America. The team doesn't do a separate petitions for Victoria and the kids. But the Visa type allows Beckham's wife and kids to come with him. Those are the people that are "accompanying" for the purpose of this form and the NVC instructions.

When you prepare your things, just do them each as if that was the only person because they were separate petitions. Don't try to combine them for this paperwork. Yes they will stay together for organizationThe kid is not coming based on his Dad's visa. He is coming because he is now the child of an American who petitioned him.

Your household count. You can't leave off the son and say you will have a household of two on Line 8. They need the actual count to know how much money you need to qualify. Remember they aren't looking at them as a pair and saying father is on this form, son is on this form, so she needs to make enough for three even though she just reported two. Think of each I-864 as independent of the other and your whole family count must be on each separate form. I think that way is the only way you can accurately report what level of income you need to qualify...for two or three people? I think you need to qualify for a total count of three.

[roxy323i 6]

Awesome. Thanks for the input.

Love the Posh & Becks analogy

[Mrs. Neris 81]

I also have a question about gathering the civil documents. In the NVC website, it states that "you and each family member accompanying you" must submit a birth certificate, passport bio data and photo. Does that mean I have to include documents of both my husband and stepson in each other's packet? Meaning, birth certificate, bio data and photo of husband and stepson in husband's packet and vice versa?

You need to have 4 package 1 aos for husband ( i-864 form,last 3 years taxes this is the papers that they give You When You do your tax preparation, the w-2 for each year of tax You declare, letter from work or Just your last paystob from work, and copy of your us passport or us citizenship or if You are resident copy of residense).

2 civil documents for husband (birth certificate, marriage certificate, decree of termination of any other marriage, police certicate,copy of de data page of passport, peticioner birth certificate, 2 passport picture(2x2). No need original Only copys, original You must submited at the embassy in the interview date. All documents have to be in emglish or original language of the country Where interview will made, if is Any other languages You must submit the accured translation and certified.

3 aos stepchild ( everything You include in your husband aos package, same You include for aos of Child)

4 civil doc for stepchild ( birth certificate, 2 passport pics 2x2, marriage certificate, if the Child is 16 or over he or she must have police certificate, if is under 16 not need police certificate, peticioner birth certificate, copy of data page of passport.

Dont forget to put in front of each package the cover sheet, when You paid aos You cant print a cover sheet this one You can use for the aos and civil docs. You need one cover sheet from aos for your husband aos and one for civil docs but for the Child need the aos cover sheet for Child case, and You can do same, one cover for one an one for the other one.

I Just send My two packages for My cases Today and i do All that. If You can not get aos sheet for one of your two cases after You pay the aos fees Just ley me know and i will be pleasure to give You a solución for that, cause that was happening to me.