I-864 with multiple I-130 (spouse+children) (merged threads)

[portorusa 431]

Those USC petitioners who filed multiple I-130s (for spouse and child/children) at the same time, at NVC stage did you submit separate I-864 for EACH beneficiary? If yes, what number of immigrants sponsored by USC should be indicated in each I-864? They are NOT derivatives, and NOT follow-to-join. 

I am confused because I have two beneficiaries, my French husband and his 15 y.o. son who immigrate together at the same time, and I am the only sponsor for both. 

[geowrian 22,337]

Each petition needs its own I-864.

 

The household size is based upon the time it is filed. Each petition is sponsoring one immigrant and it sounds like you don’t have any derivatives on each (derivatives are not allowed for IRs of a USC).

[portorusa 431]

I am doing I-864 for my French husband, I am a USC petitioner. For my taxes I always file IRS Form 1040.

On my 2018 tax transcript the line "Total income: wages, salaries, tips, etc." and the line "Total income" (=Adjusted Gross Income) indicate DIFFERENT figures.

Which one should I put in I-864 as my total income?

[portorusa 431]

<<For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered>>

This is a quote from Instructions to Form I-864. So, should I indicate the number from the very first line "Total income including wages, salary, tips, etc."?

[portorusa 431]

I am a USC petitioner applying for my French husband and his 15 y.o. son. We are at the NVC stage. I am working on my I-864.

I understand that two (2) separate I-864 are needed from me, 1 for my husband and 1 for my stepson.

However, after doing some research on VJ and on other immigration sites, I get conflicting info regarding the size of the household to claim.

I do not have any dependents, and I live alone. With my husband and my stepson - after they immigrate to the US to join me - there will be a family of three.

Right? WRONG. That's what according to some immigration attorneys: "You do not have to count as part of the household size anyone for whom you filed a separate I-130 petition. While you have to to count them if they have already immigrated based on an I-864 you filed, you do not have to count them if they are immigrating together with the person you filed a separate petition".

In other words, on I-864 for my husband I count only him and me, total HH of 2.

On I-864 for my stepson I count only my stepson and me, total HH of 2.

Thus, for immigration purposes my HH size is 2 and not 3 and it should be reflected as such on each I-864.

What do you think, guys?

[The Rock ll 227]

10 minutes ago, portorusa said:

I am a USC petitioner applying for my French husband and his 15 y.o. son. We are at the NVC stage. I am working on my I-864.

I understand that two (2) separate I-864 are needed from me, 1 for my husband and 1 for my stepson.

However, after doing some research on VJ and on other immigration sites, I get conflicting info regarding the size of the household to claim.

I do not have any dependents, and I live alone. With my husband and my stepson - after they immigrate to the US to join me - there will be a family of three.

Right? WRONG. That's what according to some immigration attorneys: "You do not have to count as part of the household size anyone for whom you filed a separate I-130 petition. While you have to to count them if they have already immigrated based on an I-864 you filed, you do not have to count them if they are immigrating together with the person you filed a separate petition".

In other words, on I-864 for my husband I count only him and me, total HH of 2.

On I-864 for my stepson I count only my stepson and me, total HH of 2.

Thus, for immigration purposes my HH size is 2 and not 3 and it should be reflected as such on each I-864.

What do you think, guys?

On your Stepson you count 

1 you 

1 your husband 

1 your stepson,

total of 3 dependent 

on your husband 

1 you

1 your husband 

total of 2 ,

hopefully this is helpful to u..

Your house hold size will remain 3 count, but it will be 2 on one864

3 on other 864.

Edited September 14, 2019 by The Rock ll

[JFH 12,190]

You have to count your husband on the one for your step-son. 

[portorusa 431]

38 minutes ago, JFH said:

You have to count your husband on the one for your step-son. 

In this case I will be counting the same person twice (as there is a separate I-864 on this particular immigrant) - which is against the USCIS instructions for I-864.

[portorusa 431]

2 hours ago, The Rock ll said:

On your Stepson you count 

1 you 

1 your husband 

1 your stepson,

total of 3 dependent 

 

If I count my husband, then I will be counting the same immigrant twice as a separate I-864 is being filed for him.

[JFH 12,190]

1 hour ago, portorusa said:

If I count my husband, then I will be counting the same immigrant twice as a separate I-864 is being filed for him.

 

1 hour ago, portorusa said:

In this case I will be counting the same person twice (as there is a separate I-864 on this particular immigrant) - which is against the USCIS instructions for I-864.

You don’t count the same person twice on the same I-864. But you do count him on a separate I-864. 

 

So, on his I-864 you don’t count him as your spouse AND as the intending immigrant (even though he fits both descriptions) because you can’t count him twice. But for each I-864 you start afresh. If you had children or dependents living at home then you would count them in your household size on every affidavit. And you count yourself on every affidavit of support too. That’s not the same as USCIS definition of counting someone twice. 

[Ryan H 3,812]

~~~Similar topics merged; please post all questions you have about the I-864 in this thread instead of starting a new thread for every question you have about completing that form.~~~

Edited September 15, 2019 by Ryan H