I-864 Part-3 Question

[jonMullick 0]

I am sponsoring my parents (mother and father). I am filling up two I-864 form- one for each. On part-3 question 8 & 9:

8- I checked it

9- I checked it

In the box I have mentioned one of my parent's name.

On Question-10 I have entered - (2).

Could any one please confrim if this is correct?

Thanks much.

[Bobby+Umit 161]

Are your parents on the same visa application? Or do they have two seperate ones?

[GCFILER2009 0]

I am also filing Green Card for my parents. I am in the process of completing the I-864 form.

IMHO - In part 3 Question 9 - I don't think you should check this question. My understanding is that if you are doing 2 separate visa petitions for your mother and father, then either of them should NOT be included in Question 9 for their respective I-864 forms. My understanding was based on the last line of the question on the form.

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

Please advise - if this is incorrect.

The problem though arise when you are computing the Household size in the Part 5 Question 21. I don't know how to account for mother on my father's I-864 form and vice versa. There is no placeholder to add that additional number. Any advise on this front is deeply appreciated.

Thanks

[jonMullick 0]

Are your parents on the same visa application? Or do they have two seperate ones?

I am not sure what you mean by 'same visa aplication'.

I have applied 1-130 for both of them. But I have applied using two forms. They are together and still married.

I would appreciate your help on this question.

Thanks.

[Bobby+Umit 161]

Are your parents on the same visa application? Or do they have two seperate ones?

I am not sure what you mean by 'same visa aplication'.

I have applied 1-130 for both of them. But I have applied using two forms. They are together and still married.

I would appreciate your help on this question.

Thanks.

Ok, looking at the instructions, If the other immigrant is not coming within 6 months of the first one, then they would need a seperate 864.

Since your Mother and your Father are (spouses), only one 864 is needed.

So go with your answers above.

Accompanying Family Members You are Sponsoring.The immigrant you are sponsoring may be bringing a spouse and/or children to the United States. If the spouse and/orchildren will be traveling with the immigrant, or within six months of the immigrant's entry to the United States and youare sponsoring them, you should list the names and other requested information on the lines provided.

Edited July 13, 2009 by Bobby_Umit

[GCFILER2009 0]

I am not sure. Maybe I need to understand this paragraph better from the Form I-864's instructions. Please help...

"Separate affidavits of support are required for intending immigrants for whom different Form I-130 family-based petitions were filed. For instance, if you are sponsoring both parents, each will need an original affidavit of support and accompanying documentation since you were required to submit separate Form I-130 visa petitions for each parent."

Per this it seems we have to submit 2 different I-864's for each parent (one for mother and one for father).???

[reshari 0]

i checked 8 and i uncheked 9.

[TayRivers 4]

Are your parents on the same visa application? Or do they have two seperate ones?

I am not sure what you mean by 'same visa aplication'.

I have applied 1-130 for both of them. But I have applied using two forms. They are together and still married.

I would appreciate your help on this question.

Thanks.

Ok, looking at the instructions, If the other immigrant is not coming within 6 months of the first one, then they would need a seperate 864.

Since your Mother and your Father are (spouses), only one 864 is needed.

So go with your answers above.

Accompanying Family Members You are Sponsoring.The immigrant you are sponsoring may be bringing a spouse and/or children to the United States. If the spouse and/orchildren will be traveling with the immigrant, or within six months of the immigrant's entry to the United States and youare sponsoring them, you should list the names and other requested information on the lines provided.

The above information is wrong..

You MUST complete one AOS for each parent. They are not on the same visa and they can not get a visa along with their spouse. They each have to have a I-130 and they each have to have a DS-230 that is why you pay for 2 visas not one.

You do not list the other parent in Q9 part 3. As per the instructions.

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

[GCFILER2009 0]

Thanks for the clarification.

Also I noticed in your timeline that you seemed to have filed I-864 only after some time. Is this what is expected ? Are we supposed to NOT file I-864 along with the entire package of (I-130, I-485, G-325A etc) unless asked to do so? My parents are here in the US and we expect them to do their AOS here in the US.

BTW - What is DS-3032?

Please advise.

[GCFILER2009 0]

Tay

Thanks for the clarification on the Part 2 - Question 8 & 9. I have one followup clarification on it?

How do you account for both your father and mother on each other's I-864 for the purposes of counting the Household size (Part 5 - Question 21)

Thanks

[NArocks 13]

To understand better and have you get correct information, your parents are Currently in the US? Therefore you will file the AOS from here? I think this changes a few things as far as filing. The I-864 is very confusing to say the least especailly when you are sponsoring 2 people. When I did it for my step kids I just put the same amount on each I-864 as gratefully I was able to cover that many.

If you are adjusting from within the US then you will not get the DS-3032.

Thanks for the clarification.

Also I noticed in your timeline that you seemed to have filed I-864 only after some time. Is this what is expected ? Are we supposed to NOT file I-864 along with the entire package of (I-130, I-485, G-325A etc) unless asked to do so? My parents are here in the US and we expect them to do their AOS here in the US.

BTW - What is DS-3032?

Please advise.

Edited July 13, 2009 by NArocks

[GCFILER2009 0]

To understand better and have you get correct information, your parents are Currently in the US? Therefore you will file the AOS from here?

Yes that is correct.

I think this changes a few things as far as filing. The I-864 is very confusing to say the least especailly when you are sponsoring 2 people. When I did it for my step kids I just put the same amount on each I-864 as gratefully I was able to cover that many.

Not sure i understand this clearly. Could you elaborate here - for eg - if you are a family of 4 already, adding your parents would make it 6. But given the choice of questions on the I-864, it seems like that you can count for only 5 on each of the parents I-864.

If you are adjusting from within the US then you will not get the DS-3032.

ok thanks

[TayRivers 4]

Tay

Thanks for the clarification on the Part 2 - Question 8 & 9. I have one followup clarification on it?

How do you account for both your father and mother on each other's I-864 for the purposes of counting the Household size (Part 5 - Question 21)

Thanks

I will try to explain what I did.

In my household their is Myself and My Husband, so that gives us a household size of 2. on the I-864 you have to include the people who you have sponsored and are now in the USA.

As both my Parents are not yet in the USA I can only include the person for whom the I-864 is for. So that would give me:-

Mothers I-864

Myself = 1

My Husband = 1

My Mother = 1

Total on this I-864 = 3

Fathers I-864

Myself = 1

My Husband = 1

My Father = 1

Total on this I-864 = 3

That is what I put on both my I-864's and they were accepted by NVC.

To GCFILER2009

If you are filling for your parents who are already in the USA then you are not filing for a IR-5 visa for them, You are filing for Adjustment of Status and although some of the forms are the same it is a totaly different process. Your parents do not need a visa to enter the USA as they are already here. So you are filing to adjust from what ever visa they entered the US on. The only thing I will point out to you is that they may well be asked for proof that they did not enter the USA with the intent to immigrate when they did not have a immigrant visa.

My friend here in boston had filed adjustment of status for her father after he arrived here from India just after she became a US citizen. He entered on a tourist visa, at the Greencard interview here in boston he was asked for proof that he did not intend to remain in the US at the time he entered. He could not supply evidence to show that he intended to return to india, he had no empolyment in India, no home he had closed his bank accounts and had brought all his things with him. He was denied his greencard and was given 30 days to depart the USA. Because he had been in the US for over 180 days he has also been banned from the USA for 3 years.

I do not tell you this to scare you but just to let you know that some people who do adjustment of status from a tourist visa do get denied and have to return to the country they came from..

[NArocks 13]

As far as my I-864 sponsoring 2 immigrants I did this

Son # 1

Myself = 1

My Husband = 1

My Daughter = 1

Son # 1 = 1

Son # 2 = 1

Sponsoring 5 people. I did the same for son # 2. As I have the income there was not a problem for me either at the NVC or the consilate.

Please take what Tayrivers is saying to heart as far as you adjusting your parents already here, even though they are your parents you still need to prove they did not intend to immigrate when they entered the US . I wish you the best...

What country are you parent from??

Edited July 13, 2009 by NArocks

[GCFILER2009 0]

Thanks. My parents are from India.

Thanks for your tips on the risks of AOS while on the Visitors Visa.