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I am a US born citizen and my wife has 2 minor children from a former marriage.  I will be sponsoring all 3 on my own income and am trying to determine which form, I-864 or I-864EZ, that I can or should use.   I have read the official instructions for each and, unfortunately, I am not clear.  Worse, the NVC says they cannot tell me which one to use since it will constitute as legal advice.  What they have told me is that, since I filed 3 I-130s, then I need to file 3 I-864 forms but they could/would not advise on which one.

 

From the I-864EZ instructions:

You may use Form I-864EZ if ALL the following conditions apply:
1. You are the person who filed or is filing Form I-130, Petition for Alien Relative, for a relative being sponsored;  [TRUE]
2. The relative you are sponsoring is the only person listed on Form I-130; and [TRUE because I filed an I-130 for my wife and her 2 kids]
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal
Revenue Service (IRS) Form W-2s provided by your employers or former employers.  [TRUE]

When Not To Use Form I-864EZ?
Do not use Form I-864EZ if any of the following conditions apply. Instead, you must complete and submit Form I-864.
1. The relative you are sponsoring is not the only person immigrating based upon the underlying visa petition;  [Here I am not clear since I am sponsoring 3 individuals but, since they are on their own individual I-130, I am not clear.]
2. You filed or are filing Form I-140, Immigrant Petition for Alien Worker, for the immigrant you are sponsoring; [not applicable in my case]
3. You are a joint sponsor; or  [I am the only sponsor without a joint sponsor]
4. You are a substitute sponsor filing because the original Form I-130 petitioner is deceased.  [not applicable]

 

Thanks for your advice :-)

 
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