Wife and Sons Consular Interview is on Friday in Peru, I could use urgent help with I 864 (AOS)

[jayc2303 0]

Hello everyone,  I am new to the forum. I am a United States Citizen from Indianapolis. Petitioning for my wife and two step-children.  I really appreciate any help or input regarding the I 864 (AOS form).  My wife and I married in April 2018 in Lima, Peru.  In July I filed my Wife and two-step childrens I130 to the Chicago Lockbox from Indianapolis, Indiana.  I traveled at the end of July to visit my wife and sons in Peru, during my month-long vacation my wife became pregnant and had complications regarding her pregnancy and was put on bed rest.  I knew that I could not leave her like that so I went on indefinite leave from my job and have been living in Lima ever since for the past 10 months.  My wife gave birth to our daughter last month, we had been trying to travel before she gave birth and were even expedited past the NVC stage due to my wife's health but the expedite came too late in her pregnancy for her to be able to finish visa processing and travel.  My wife and sons I130s were approved in late March and it was not until mid-April that the consular expedite came through.  

 

because I left my job in the United States I am doing a joint sponsor even though I have a letter from my employer that I will return to my position and my salary that was above the income requirement.  I do not want to take chances that they deny the AOS because I am away from the US and my job due to the situation.

 

1.  My specific question regarding the I864 is filling out PART 5. 

     -Do I include our Newborn daughter as a dependent that was born in May, she was not on my last tax return but I do know if she should be added to the dependent children category.

 

2.  Do I include my two stepchildren who I am sponsoring and have filed separate I 130 forms as Dependent Children in PART 5 - Number 4.    Would it be a value of 3, with my two stepchildren and my newborn daughter?  For a total household of 5.

 

3.  My mother is the joint sponsor for all 3 I130 petitions - My wife and two stepsons, on the three I 864 forms. Should she only be listing Her and the principal immigrant for each form I864 for a total household of 2 on each form   with  1 on line and 1 on line 2 of Part 5

      ---or should the other 2  immigrants she is sponsoring be listed as dependents for a total household of 4.  My mother is a widow and has no dependents other than sponsoring my wife and sons.

 

4.  Is it true that since my sons are on separate I130 petitions that I do not list their names and relation to the principal immigrant on Part 3 because they are not derivatives and are on separate visa petitions?    Should I leave part 3 completely blank since there are no derivatives and my stepsons have their own separate visa petition?

 

I have lost a lot of sleep over the past couple weeks being sure I did this correctly, I have read and watched a lot of videos and not been able to completely understand the I 864 instructions for my situation or videos that address my situation and I can not afford legal help and with 2 days until the consular interview any help would be a great blessing to my family.

 

Thank you truly.  I look forward to being apart of the community here.

[pushbrk 12,114]

2 hours ago, jayc2303 said:

Hello everyone,  I am new to the forum. I am a United States Citizen from Indianapolis. Petitioning for my wife and two step-children.  I really appreciate any help or input regarding the I 864 (AOS form).  My wife and I married in April 2018 in Lima, Peru.  In July I filed my Wife and two-step childrens I130 to the Chicago Lockbox from Indianapolis, Indiana.  I traveled at the end of July to visit my wife and sons in Peru, during my month-long vacation my wife became pregnant and had complications regarding her pregnancy and was put on bed rest.  I knew that I could not leave her like that so I went on indefinite leave from my job and have been living in Lima ever since for the past 10 months.  My wife gave birth to our daughter last month, we had been trying to travel before she gave birth and were even expedited past the NVC stage due to my wife's health but the expedite came too late in her pregnancy for her to be able to finish visa processing and travel.  My wife and sons I130s were approved in late March and it was not until mid-April that the consular expedite came through.  

 

because I left my job in the United States I am doing a joint sponsor even though I have a letter from my employer that I will return to my position and my salary that was above the income requirement.  I do not want to take chances that they deny the AOS because I am away from the US and my job due to the situation.

 

1.  My specific question regarding the I864 is filling out PART 5. 

     -Do I include our Newborn daughter as a dependent that was born in May, she was not on my last tax return but I do know if she should be added to the dependent children category.

Of course, you count her.  She's a dependent of yours.  If that means your household is 6 instead of 5, so be it.

2 hours ago, jayc2303 said:

 

2.  Do I include my two stepchildren who I am sponsoring and have filed separate I 130 forms as Dependent Children in PART 5 - Number 4.    Would it be a value of 3, with my two stepchildren and my newborn daughter?  For a total household of 5.

On your own I-864 forms, yes.  Your household size should total 5 on all affidavits.

2 hours ago, jayc2303 said:

 

3.  My mother is the joint sponsor for all 3 I130 petitions - My wife and two stepsons, on the three I 864 forms. Should she only be listing Her and the principal immigrant for each form I864 for a total household of 2 on each form   with  1 on line and 1 on line 2 of Part 5

      ---or should the other 2  immigrants she is sponsoring be listed as dependents for a total household of 4.  My mother is a widow and has no dependents other than sponsoring my wife and sons.

Her household is going to look like 2 on all the forms.  The Consular Officer will apply the correct total when making the judgment call.

2 hours ago, jayc2303 said:

 

4.  Is it true that since my sons are on separate I130 petitions that I do not list their names and relation to the principal immigrant on Part 3 because they are not derivatives and are on separate visa petitions?    Should I leave part 3 completely blank since there are no derivatives and my stepsons have their own separate visa petition?

Yes, true.

2 hours ago, jayc2303 said:

 

I have lost a lot of sleep over the past couple weeks being sure I did this correctly, I have read and watched a lot of videos and not been able to completely understand the I 864 instructions for my situation or videos that address my situation and I can not afford legal help and with 2 days until the consular interview any help would be a great blessing to my family.

 

Thank you truly.  I look forward to being apart of the community here.

Use the time you can't sleep to become an A student of both the instructions for the form and the instructions ON the form.  Specifically the instruction ON the form not to count anybody twice and not to list anybody as a family member who is on their own separate petition.  Otherwise see comments inserted above.

[jayc2303 0]

Thank you kindly for your very informative response and helping my family..  I googled who is pushbrk and and found your Visa services company, it looks very professional and promising.  I may have to sign up as we continue the process.. Thank you kindly.

[ipatientlywaiting 23]

@jayc2303 How was the interview? Can you let me know how long it took for you to get the visa afterwards? Did you have to pick it up from the embassy or did they deliver it to you? I'm trying to understand the timeline so I can coordinate on flights. Thanks!