I-864EZ or I-864

[LoveInBrazil1109 0]

Well... frustrating phone call to the NVC today. After waiting almost 90 days for our document review, we finally received some feedback. Apparently, they updated the I-864 form in July, and I had filed out the form prior to the updated version, and did not realize it. Sooooo.... time to fill out a new I-864 and play the waiting game a bit longer.

My question is, which form should i use?

Our I-130 was approved with only listing my wife as the applicant, but her son (my stepson) will be coming as well. He was born in the US, and as such, is a US citizen. So, while he is coming with her, technically he is not immigrating. This seems pretty cut and dry in regards to whether he needs a visa or not, but I'm not really sure how this pertains to the I-864, since he is part of the equation when determining my ability to support my family.

The I-864EZ instructions state to use this form if there is only one immigrant, and if I am the sole sponsor, and if my income will be verified via IRS W2 or tax transcripts. We meet all of these conditions, but I'm not certain if NVC considers my wife the sole immigrant in this situation. I'm desperately trying to avoid another delay from submitting an incorrect I-864.

As always, thanks!

[tonyb919 107]

Well her son is not a immigrant as he has a US passport. The I864 refers to the immigrating (beneficiary) person.

Edited November 16, 2015 by tonyb919

[FabtheFab 67]

If you had a son from a previous relationship, he would have needed to be mentioned in your I-864 in order to inform the household size in order to establish your minimum income requirements. I would assume this is the same case with your stepson.

You will not need to submit a separate I-864 for him, but you need to include him in your wife's.

In your case, it seems that I-864EZ is fine, but if I were you, I would submit a I-864 just to be safe since it's more complete. When you submit it, try to write a cover letter mentioning that your stepson is a US citizen (maybe include his birth certificate together with it).

[NikLR 13,227]

Using the I-864ez will be fine as the son isn't immigrating. He also isn't mentioned on household size at this time. However fill out a second I-864ez with him included for your wife to take to interview in case there is an issue there, but I doubt there will be. Step children aren't included in household sizes until they immigrate typically (and then only on their own I-864) but he's a USC so it's a bit of an odd situation.