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Edward Becnel

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

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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.

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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".


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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 by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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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.

Note on I-864.png

Edited by Edward Becnel

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