Help i864 for K2 after K1 already has Green Card

[coniefl 28]

Here is the situation:

My wife came to the U.S. on a K1 Visa in 2016, we filed for a green card in 2018, which she now has. We did not file for her daughter at that time due to some indifferences with her(daughter) father. Her daughter is a K2 Visa holder who came to the US within 6 months of my wife's arrival in 2016. 

 

How do I now file form i864 for her daughter's green card?

 

I am not sure if I should fill out the form as if I was sponsering both at the same time and put my wife' s  information in Part 2 and list her daughter in Part 3 being that I've already filed an i864 for my wife when applying for her green card. 

Also I'm assuming I would check box 3.2 is that correct?

 

 

[SalishSea 16,819]

44 minutes ago, coniefl said:

Here is the situation:

My wife came to the U.S. on a K1 Visa in 2016, we filed for a green card in 2018, which she now has. We did not file for her daughter at that time due to some indifferences with her(daughter) father. Her daughter is a K2 Visa holder who came to the US within 6 months of my wife's arrival in 2016. 

 

How do I now file form i864 for her daughter's green card?

 

I am not sure if I should fill out the form as if I was sponsering both at the same time and put my wife' s  information in Part 2 and list her daughter in Part 3 being that I've already filed an i864 for my wife when applying for her green card. 

Also I'm assuming I would check box 3.2 is that correct?

 

 

The daughter has been here since 2016 without adjusting status?

[igoyougoduke 1,609]

1 hour ago, coniefl said:

Here is the situation:

My wife came to the U.S. on a K1 Visa in 2016, we filed for a green card in 2018, which she now has. We did not file for her daughter at that time due to some indifferences with her(daughter) father. Her daughter is a K2 Visa holder who came to the US within 6 months of my wife's arrival in 2016. 

 

How do I now file form i864 for her daughter's green card?

 

I am not sure if I should fill out the form as if I was sponsering both at the same time and put my wife' s  information in Part 2 and list her daughter in Part 3 being that I've already filed an i864 for my wife when applying for her green card. 

Also I'm assuming I would check box 3.2 is that correct?

 

 

The child will be listed on the I-864 for the K-1 parent where it asks in Part 3. Provide a copy of that I-864 with the child's I-485

[K1visaHopeful 2,679]

11 minutes ago, Donald120383 said:

The child will be listed on the I-864 for the K-1 parent where it asks in Part 3. Provide a copy of that I-864 with the child's I-485

And your spouse will be listed in Qu 6 as someone else you have previously sponsored.

Qu 3 will be blank and you will explain why it's blank in the additional info section like:

"I cannot count my wife twice so I input her in Qu 6 as someone i previously sponsored".

[Boiler 43,588]

So it seems.

1 hour ago, Jorgedig said:

The daughter has been here since 2016 without adjusting status?

So it seems.

[coniefl 28]

Thanks for the answers.

 

Yes the daughter has been here since 2016 without adjustment of status and for those of you who need to know why is because my wife was originally going to come here with her two children one of which is a US Citizen, her ex husband was going to be left behind with no one. We ran into some complications getting my wife's Visa , so the ex husband decided to apply for a Visa and take the 2 children here leaving my wife behind with no one, he is a spiteful SOB. We were able to overcome the complications with a waiver, so now they both, the wife and ex, have visas to come here. My wife came first and in the best interest of the children they stayed with the father so they could finish the last 3 months of school and complete that grade level. When the father came with the daughter she was supposed to come and stay with the wife and myself. He used the K2 Visa to get her here. When she got here the father at first refused to let the mother see the daughter. That slowly changed and he let her see the daughter after time. Therefore I refused to put myself on the line for 10 years by not including the daughter on the i864 the first time. The father is shady and spiteful, I don't trust him. He is so spiteful that the children both graduated high school in the US and having 8 tickets to the graduation wouldn't give the mother a ticket to see them graduate. We went anyway and got her in with no ticket. Anyway the daughter has since turned 18 and now it's time for her AOS. 

 

 

[coniefl 28]

20 hours ago, K1visaHopeful said:

And your spouse will be listed in Qu 6 as someone else you have previously sponsored.

Qu 3 will be blank and you will explain why it's blank in the additional info section like:

"I cannot count my wife twice so I input her in Qu 6 as someone i previously sponsored".

The child was never listed on the original i864 for the K1, I am trying to fill out an additional i864 for the child. Do I put her information in Qu2, leave Qu3 blank and list wife in Qu6 with explanation?

Do I use my wife's A# in Qu2?

 

 

 

[little immigrant 800]

Under what visa did the father come here? 

[coniefl 28]

27 minutes ago, little immigrant said:

Under what visa did the father come here? 

I am not sure as we really don't talk to him. But I believe he got a permenant residency card before he came to the US, he has a 24 year old US citizen son who sponsered him. 

 

I sent you a PM with additional comments.

Edited January 9, 2020 by coniefl

[K1visaHopeful 2,679]

3 hours ago, coniefl said:

The child was never listed on the original i864 for the K1,

Was the child follow to join and not in the US yet when you filed the K1s AOS? If so, they would not appear in the household size, only listed as a dependent of the K1.

I am trying to fill out an additional i864 for the child. Do I put her information in Qu2, leave Qu3 blank and list wife in Qu6 with explanation?

For the household size section? Is it just you three in the household? If so:

The child is Qu 1.

The sponsor is Qu 2.

3 is blank.

4, 5 is zero unless they apply.

6 is your wife ie. The K1 you have previously sponsored on a separate I864 and then explain in the additional info as I described before.

 

Do I use my wife's A# in Qu2? 

Huh? Alien number in what Qu 2? The alien number for your K1 belongs to your K1 and does not refer to your K2. If it asks for your K1s Alien number then input it but I'm not understanding where you are referring to.

 

 

 

 

 

[coniefl 28]

22 hours ago, K1visaHopeful said:

 

Yhanks again for your help, I am very appreciative..

 

Was the child follow to join and not in the US yet when you filed the K1s AOS? If so, they would not appear in the household size, only listed as a dependent of the K1.

No. The child was follow to join but was in the US when I filed the K1's AOS. The child did not live with the K1 and myself, therefore she was not a dependent, and was not included for reasons found in the lengthy post by me in this thread.  Therefore she was not included in the household size.

 

The child is Qu 1.

The sponsor is Qu 2.

3 is blank.

4, 5 is zero unless they apply.

6 is your wife ie. The K1 you have previously sponsored on a separate I864 and then explain in the additional info as I described before.

I believe we are looking at different forms or different version of the forms because the sections do not seem to match the suggestions. I am filling out I-864 OMB No. 1615-Expires 03/31/2020. 

 

The parts of the form  that I have:

Part 1. Basis For Filing Affidavit of Support 

this section is asking about me the sponsor and who/why I am filing. There is no place to put the K2 child information here.

 

Part 2. Information About the Principal Immigrant

No place to put sponsor information here.  But I am not sure if I put my wife's info here, she is the Principle Immigrant as all USCIS information and identifying numbers are directed at her, but since I already filed an I-864 for her I am not sure what to do.

 

Part 3. Information About the Immigrant You are Sponsoring.

 I am thinking this is where the child's information goes, depending on what I do for Part 2, as question P3.1 has these options.

 

1. I am sponsoring the principle immigrant named in Part 2.   Yes or No

(Applicable only if you are sponsoring family members in Part 3, as the second joint sponsor OR if you are sponsoring family members who are immigrating more than six months after the principle immigrant.)

 

2. I am sponsoring the following family members immigrating at the same time or within six months of the principle immigrant named in Part 2. (Do not include any relative listed on a saperate visa petition.)

 

3. I am sponsoring the following family members who are immigrating more than six months after the principle immigrant.

 

If this is where I put the child's information I believe I should select option 2 as the .K2 daughter arrived 3 months after her K1 mother.  even though I am filing AOS about 1.5 years after the mother. Initially they filed together when the whole K1 visa was started, we applied for both K1 and K2 at the same time.

 

IF I can understand what to do for the above the rest of the form I can handle.

 

Please provide any thoughts or instructions on what to do.

 

Thanks again

Conie