i864 household size/biometric appointment (merged topics)

[C&AH 104]

We are scheduled for an interview and I'm wanting to make sure everything is correct. I'm only filing for my wife. She has three unmarried kids. We plan to file for them once she is in the US and working. On the i864, In the household size section, I only counted my two kids (listed on my tax return) and my spouse beneficiary: a total of 4. I did not count her three kids because it will likely be a couple of months after she arrives and is working to begin petitions on their behalf. (I'm thinking we will be able to count her income at that time since mine alone will BARELY put us above the line for 7...by a $1000...too close for comfort (even though my son- age 19- is on his own filing his own return. I did not claim him but he is listed on my return as per regulations). 

 

Am I correct?

1. We can count her income on the i864 petitions for my stepkids? 

2. I did not need to include my stepkids on the petition for my wife (they will be derivatives but would not immigrate any sooner than the end of the process...likely 1 year). 

 

Jist need confirmation as I don't want to experience any issues at the interview. 

Edited October 8, 2018 by C&AH

[geowrian 22,335]

1) Yes, you will be able to use an I-864A with her to include her income when the time comes.

 

2) There are no derivatives for an IR-1/CR-1 visa. You must file for each child/stepchild separately that will immigrate.

Additionally, the children should have been listed on her I-130 and DS-260. It is not asking who is immigrating....it's asking about legal relationships.

[C&AH 104]

31 minutes ago, geowrian said:

1) Yes, you will be able to use an I-864A with her to include her income when the time comes.

 

2) There are no derivatives for an IR-1/CR-1 visa. You must file for each child/stepchild separately that will immigrate.

Additionally, the children should have been listed on her I-130 and DS-260. It is not asking who is immigrating....it's asking about legal relationships.

Thank you for your response. We did list them in the I-130 and DS-260. We even sent official certified copies of their birth certificates with the I-130.

 

My question was strictly pertaining to the I-864ez and household size. I'm thinking we didn't need to count them for income requirements on the i864ez accompanying her petition since they aren't immigrating for a year or so. My apologies if the wording of my post was a bit confusing.

 

So 4 was the correct number for the i864ez (my two kids,  my wife, and myself...NOT including my non immigrating (at this time) stepkids? 

Edited October 8, 2018 by C&AH

[geowrian 22,335]

8 minutes ago, C&AH said:

Thank you for your response. We did list them in the I-130 and DS-260. We even sent official certified copies of their birth certificates with the I-130.

 

My question was strictly pertaining to the I-864ez and household size. I'm thinking we didn't need to count them for income requirements on the i864ez accompanying her petition since they aren't immigrating for a year or so. My apologies is the wording of my post was a bit confusing.

Ah, okay. I get it.

Correct - her children are not counted in the household size for her I-864.

[C&AH 104]

My wife is classified as CR-1 because we've been married 1 year. The application for fingerprints only had a category for IR-1 (none for CR-1). So I marked IR-1 and scheduled the appointment. I'm hoping this is correct as there were  no other options. Will this create any issues or is it standard procedure?

Edited October 10, 2018 by C&AH

[MaLo 15]

Why do you need to get fingerprints for her?

[C&AH 104]

2 hours ago, MaLo said:

Why do you need to get fingerprints for her?

I was obviously referring to the standard biometrics appt. I was thinking fingerprinting is included in that. It is at VAC. It was a question hopefully to receive an answer and not another question.

[John & Rose 7,237]

14 minutes ago, C&AH said:

I was obviously referring to the standard biometrics appt. I was thinking fingerprinting is included in that. It is at VAC. It was a question hopefully to receive an answer and not another question.

but you didn't answer his question!!!  LOL   You are fine.  CR-1 and IR-1 are the same with the exception of the length of marriage.  The way things are going, most people who file as CR-1 are IR-1 by the time they finish this exciting process!

[C&AH 104]

1 hour ago, John & Rose said:

but you didn't answer his question!!!  LOL   You are fine.  CR-1 and IR-1 are the same with the exception of the length of marriage.  The way things are going, most people who file as CR-1 are IR-1 by the time they finish this exciting process!

I called VAC, changed to CR-1. Problem resolved. 

[Ryan H 3,790]

***Moved from IR-1/CR-1 Progress Reports to US Embassy and Consulate Discussion; topic is about this phase of the process.***

 

~~~Similar topics merged and topic title edited to reflect that action.~~~

Edited October 11, 2018 by Ryan H