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Helz Belz

I864 for spouse and stepchildren

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Arrgh I thought I had this sorted lol but just noticed on section 3 of the I 864 form where it asks for details of others immigrating within 6 months of the principal immigrant, it says 'Do not include any relative listed on a separate visa petition'. Surely every immigrant has their own visa petition?

My husband (USC) is sponsoring myself and my 2 children (his step children). Do we file an I864 for each of us, with myself as principal applicant on one form, my daughter the second form and my son the third? And is there a fee for each of us, as I was sure I had read that it was only one fee when filing together?

Thank you so much :)

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In categories which allow derivative beneficiaries, multiple immigrants can immigrate ont he same petition. For your case, each person has their own petition. You need a separate I-864 for each person.

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In categories which allow derivative beneficiaries, multiple immigrants can immigrate ont he same petition. For your case, each person has their own petition. You need a separate I-864 for each person.

Thank you! :)

Could I also ask, then, on each I864 in Part 3 where it asks about other immigrants you are sponsoring, should my husband fill in the details of the other two of us? It says to list people you are sponsoring if they are immigrating within 6 months of the principal immigrant (which we will be) but not if they have their own petition (which of course, we do!)

I assume he should leave that blank, but then the household size (Part 5) will be inaccurate as there's no box to fit the 2 other prospective immigrants into and we will be a family of 5 (we have a USC daughter) but the forms will say a total of 3 for my form and 4 for each my children. Do I need to explain this to them in a letter?

Edited by Helz Belz

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Thank you! :)

Could I also ask, then, on each I864 in Part 3 where it asks about other immigrants you are sponsoring, should my husband fill in the details of the other two of us? It says to list people you are sponsoring if they are immigrating within 6 months of the principal immigrant (which we will be) but not if they have their own petition (which of course, we do!)

I assume he should leave that blank, but then the household size (Part 5) will be inaccurate as there's no box to fit the 2 other prospective immigrants into and we will be a family of 5 (we have a USC daughter) but the forms will say a total of 3 for my form and 4 for each my children. Do I need to explain this to them in a letter?

In Part 3 of each person's I-864 it should not list the other people.

The household sizes on each person's I-864 do not necessarily include all the people immigrating at the same time. But in this case, the household sizes will all be 5, because no matter who the immigrant is, the sponsor will need to at least count his spouse and dependent children in his household.

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In Part 3 of each person's I-864 it should not list the other people.

The household sizes on each person's I-864 do not necessarily include all the people immigrating at the same time. But in this case, the household sizes will all be 5, because no matter who the immigrant is, the sponsor will need to at least count his spouse and dependent children in his household.

You are a bloody star and I could kiss you! :D lol

Should the immigrating children should be counted in box 4 (dependent children) or box 5 (other dependents) as they have not been claimed on his tax returns and aren't biologically his?

i promise that's my last question haha

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I was just about to post this exact question! Thanks so much, I'd have only sent one form and would have got a checklist the instructions are really lacking if there are step children immigrating too. This site is fantastic!!

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I was just about to post this exact question! Thanks so much, I'd have only sent one form and would have got a checklist the instructions are really lacking if there are step children immigrating too. This site is fantastic!!

Well I'm bloody glad it's not just me! I consider myself reasonably intelligent but I thought I was just being dense haha.

Good luck with yours!

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What threw me was that we only had to pay one AOS fee so I thought just one form, then I got tied up in knots trying to decipher the instructions! Good luck with yours too ☺

Yea that's what confused us too, we were thinking, surely if it's one fee, it's one form! Keep going, you're nearly there now :)

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In Part 3 of each person's I-864 it should not list the other people.

The household sizes on each person's I-864 do not necessarily include all the people immigrating at the same time. But in this case, the household sizes will all be 5, because no matter who the immigrant is, the sponsor will need to at least count his spouse and dependent children in his household.

step children aren't considered dependents until after immigration as far as I understand the I-864. The household counts will be different for a spouse and the children.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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step children aren't considered dependents until after immigration as far as I understand the I-864. The household counts will be different for a spouse and the children.

Yes, that's what I thought. I think we can use the I864EZ instead. The wording is slightly different so there IS a box that we can fit the kids into so that it all adds up. I think that shouldn't be a problem as the petitions are all separate and it's far simpler!

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Yes you can use the EZ forms for each person because they are individual petitions. :)


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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