K-2 and the I-864

[sigma20xx 0]

So I'm trying to do the I-864 to go with my I-485 and it's confusing the hell out of me. Now, my wife already has a 7 year old son. I know that I have to file a separate I-485 for him. The thing that's killing me is Parts 3 and 5 of the I-864. Could someone explain to me how to do this part? It's like the instructions say I have to add her son and then it says "Do not include any relative listed on a separate visa petition". If I follow those instructions, when I file the I-864 for both of them, it'll say that my household is only 2 and that would be my step son and I and the other form will have my wife and I. Could someone help me out with this?

[payxibka 10,045]

not a K-1 visa process question but a AOS question... moving topic to the AOS forum, an entire forum dedicated to the AOS process and you first place to look to get AOS related information

[baron555 934]

So I'm trying to do the I-864 to go with my I-485 and it's confusing the hell out of me. Now, my wife already has a 7 year old son. I know that I have to file a separate I-485 for him.

Correct

The thing that's killing me is Parts 3 and 5 of the I-864. Could someone explain to me how to do this part? It's like the instructions say I have to add her son and then it says "Do not include any relative listed on a separate visa petition".

The son, I assume came over on a K-2 or as part of the CR-1, is not on a separate petition, he is on his mother's petition so you list him.

Also from the instructions:

Often a spouse or minor children obtain visas or adjust statusas dependents of a relative, based on the same visa petition. Ifyou are sponsoring such dependents, you only need to providea photocopy of the original Form I-864, as long as thesedependents are immigrating at the same time as the principalimmigrant or within six months of the time he or sheimmigrates to the United States. You do not need to providecopies of the supporting documents for each of thephotocopied Forms I-864.

So your wife's 864 is an original and her son's is just a copy of that. Get it?

If I follow those instructions, when I file the I-864 for both of them, it'll say that my household is only 2 and that would be my step son and I and the other form will have my wife and I. Could someone help me out with this?

From the instruction:

Your household size includes yourself and the followingindividuals, no matter where they live: any spouse, anydependent children under the age of 21, any other dependentslisted on your most recent Federal income tax return, allpersons being sponsored in this affidavit of support, and anyimmigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated tosupport.

So your household size is 1 for you, 1 for your wife, 1 for her son plus however many other children you have living already with you. If none to the latter, size = 3.

[sigma20xx 0]

So let me make sure I'm getting this right.

Part 3. I check 8. I am sponsoring the principal immigrant named in part 2 above. IN RESPONSE TO MY WIFE'S INFO

check Yes

check 9. 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. FOR MY STEPSON

9a. add stepsons information

10. Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9. 8 BEING MY WIFE AND 9 BEING HER SON BRINGING THE TOTAL TO 2?

Now, for part 5 can I use A or C for my wife or just one of those choices? Also, which one do I choose for my stepson? I don't have any children of my own and the wording is kind of confusing. Does it matter if I choose D or E for him? I'm guessing D because he will be my dependent, but like I said, I don't have any children and that sounds like what D is for. E on the other hand sounds like it can be used for anyone dependent on me.

They should really reword those choices to say your direct relatives or relatives/dependents of the sponsored immigrant.

Edited November 4, 2010 by sigma20xx

[baron555 934]

So let me make sure I'm getting this right.

Part 3. I check 8. I am sponsoring the principal immigrant named in part 2 above. IN RESPONSE TO MY WIFE'S INFO

check Yes

check 9. 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. FOR MY STEPSON

9a. add stepsons information

10. Enter the total number of immigrants you are sponsoring on this form from Part 3, Items 8 and 9. 8 BEING MY WIFE AND 9 BEING HER SON BRINGING THE TOTAL TO 2?

Now, for part 5 can I use A or C for my wife or just one of those choices? Also, which one do I choose for my stepson? I don't have any children of my own and the wording is kind of confusing. Does it matter if I choose D or E for him? I'm guessing D because he will be my dependent, but like I said, I don't have any children and that sounds like what D is for. E on the other hand sounds like it can be used for anyone dependent on me.

You are not reading the form. What does it say above item b? Persons not listed on this affidavit. You don't check any of b-g because you have none of those. A 2 goes in a and the 1 for you equals 3.

They should really reword those choices to say your direct relatives or relatives/dependents of the sponsored immigrant.