Inquiring for another client and friend

[Brad D. Warren 0]

Hello, since the NVC is not accepting any calls and they have said they are just now answering public inquiries that were submitted as of June 11 (worthless), I figured I would reach out to the folks on Visa Journey again, who seem to more than the govt anyway.  My friend and tax client Darrell married a woman from the Dominican Republic.  His I-130 was approved, and I helped him fill out the DS-260 for his wife, and each of the two children who are immigrating with her.  I helped them pull together all of the civil docs need, ie police report, birth certificates, marriage certificate, etcf etc, and also helped them fill out the I-864.  Well, I say helped, I essentially completed all of the work myself.  But I appear to have made one mistake.  He got a letter now from NVC stating that each child needs to also submit an I-864 affivdavit of support.  

I am a bit unclear on this, as they are already listed on part III of the initial I-864, which shows my friend Darrell is the petitioner, shows his wife as the principal immigrant, and shows each of the children in the next part, as children who will be immigrating with mom.

 

I guess I could fill out a new I-864 for each minor child, and attach the same tax returns for 2018, and the other optional one's I attached (2106 and 2017), and I could put each one as the principal immigrant, on each of their respective I-864's, but that really seems pretty dumb, since they are already listed on their mother's I-864 we submitted.  Am I missing something?

Please help.  Really want to help them finish their process.  A Texas law firm milked them out of $4000 just to get I-130 approved, pretty high cost.  They had to send in packet multiple times, of course leaving out required docs each time, so they could ring up the billing, as of course the attorneys already knew info was missing.  

[JFH 12,189]

Each child needs their own Affidavit of Support (I-864). The reason they are listed on the mother’s form is because the NVC (and, in turn, the CO at the consulate) has to be satisfied that the sponsor can support the entire household. Each immigrant has their own I-864 because the sponsor is in a separate contract with the government for each immigrant. 

[JFH 12,189]

*~*~*spouse visa procedural question moved from “AOS progress reports” to “IR-1/CR-1 spouse visa process and procedures”*~*~*

[Brad D. Warren 0]

Thank you , JFH.  I just read that in the instructions, and was looking at another immigration website that says we can simply make a photocopy of the one completed for his wife, and attach same supporting documents.  I am thinking good idea to add a cover page for each of the children's I-864 that includes their NVC # and Invoice ID#.  Where is unclear was if we had to fill out completely new I-864's, and each one list the child as the 'principal immigrant' in Part II.  The I-864 instructions really didn't address this, so I figured I'd throw a few posts out there to see if anyone knew for sure how to complete the other I-864s.

 

[NikLR 13,220]

Each child also needed an I-130.  Did that happen?

[NikLR 13,220]

No you cant use the same I-864.  The household count and primary beneficiary changes for each person (for the children it would include a spouse for the petitioner and on the wife's it would not.)  

[JFH 12,189]

46 minutes ago, Brad D. Warren said:

Where is unclear was if we had to fill out completely new I-864's, and each one list the child as the 'principal immigrant' in Part II.  

 

You do.

[Boiler 43,429]

43 minutes ago, NikLR said:

Each child also needed an I-130.  Did that happen?

My first thought, only 1 is mentioned.

[Brad D. Warren 0]

Each I-130 was approved and the I-797, Notice of Action, was sent for each person.  What was perplexing me is the separate I-864 for the kids, who are already listed on their mom's I-864.  I still think that's a strange one, but I have now completed a packet for each child, and included the civil docs required as well, all split out now in separate packets for each dependent child.   Hope this works. Like I said earlier in one of my posts, I'm just a CPA, helping a client who is also my friend.   I too used this visajourney to bring my own spouse to the US, on a K-1 visa.  Followed the steps on this site and it was pretty simple.  I think the whole process took less than a year and this website saved me thousands of dollars in legal fees.

Edited July 14, 2019 by Brad D. Warren

[Brad D. Warren 0]

Thanks folks.  I will fill out new I-864's.  Hope I do this right. Ugh. I try to help but not an expert.