How to answer Affidavit of Support I-864 Part 5 Question 3

[Edward Becnel 3]

I am filling out the Affidavit of Support, form I-864, to accompany the I-485 Adjustment of Status and am unsure if I should enter a "1" or a "0" for Part 5 (Sponsor's Household Size), question 3 which states: "If you are currently married, enter "1" for your spouse.".

My spouse is the K1 visa beneficiary whom I recently married, but she is already counted in Part 5, question 1: "Provide the number you entered in Part 3. Item Number 29." The number in that box is "2" (1 for my wife + 1 for her son, the K2 visa beneficiary). Also, there is a note in Part 5's heading that says: "NOTE: Do not count any member of your household more than once.". So, should I enter a "0" for Part 5, question 3, or a "1"? Entering a "1" would count my wife twice and the total Household Size is incorrectly counted as 4 when it should be 3.

[geowrian 22,335]

8 minutes ago, Edward Becnel said:

"NOTE: Do not count any member of your household more than once."

This. They are counted above as the immigrant being sponsored. So "0".

[K1visaHopeful 2,662]

Leave it blank and then elaborate why you left something blank when you're not supposed to in the additional info section.

 

[geowrian 22,335]

I'd personally not suggest leaving a required filed blank for 2 reasons:

1) If completed electronically, the 2D barcode will not show this data, and it is more likely not to be noticed by the person scanning in the forms. As a result, it can result in an RFE/RFIE by somebody just looking at the data in the computer.

2) Even if done by hand instead of electronic, it requires somebody to actually read through the packet to notice the blank field and subsequent explanation. An entry of "0" there when the intending immigrant is a spouse is a very common occurrence and they know what it means. It does not mean they are claiming to be unmarried.

 

My $0.02.

Edited September 3, 2019 by geowrian

[Edward Becnel 3]

16 minutes ago, geowrian said:

I'd personally not suggest leaving a required filed blank for 2 reasons:

1) If completed electronically, the 2D barcode will not show this data, and it is more likely not to be noticed by the person scanning in the forms. As a result, it can result in an RFE/RFIE by somebody just looking at the data in the computer.

2) Even if done by hand instead of electronic, it requires somebody to actually read through the packet to notice the blank field and subsequent explanation. An entry of "0" there when the intending immigrant is a spouse is a very common occurrence and they know what it means. It does not mean they are claiming to be unmarried.

 

My $0.02.

I don't believe that is a required field that must have a number present, however I will go ahead and place a "0" in that box as you suggested (just in case) but include a message to qualify that I am, in fact, married but didn't want it to be counted again (essentially what K1VisaHopeful suggested but stating why I put a "zero" there instead of a "1" or leaving it blank). This is how I am wording the note:

My wife is the principal immigrant named in this I-864 form. She has already been counted in Page 4, Part 5, Item 1 as the person I am sponsoring in this Affidavit therefore I could not count her again, hence I have a "zero" in this box. However, I want to emphasize and make it clear that we are, in fact, married.

Edited September 3, 2019 by Edward Becnel

[RiverZ 8]

For the part " If you are currently married, enter "1" for your spouse.", type 0. Otherwise, you are adding your wife twice.