U.S. Citizen to petition for Alien Spouse AND biological 5yo daughter

[w1nsse 3]

I have a question about filing for a petition I-130. And more importantly: about I-864 (Affidavit of Support)

I already sent the necessary requirements to my husband, Rian, who is now officially a US CITIZEN (used to be a Filipino from the Philippines, got his green card almost 6years ago now). The documents I sent haven't arrived yet but it's on its way.

Hubby is in North Carolina so we will be filing for I-130 to USCIS in Chicago, IL.

QUESTIONS:

#1. Can we mail to USCIS the affidavit of support (I-864) along with the I-130? Or should we wait for the I-130 to be approved by USCIS; be sent a notice from NVC that we send I-864 AND THEN SEND IT?

Is it possible to send it all together to USCIS without being told to? Or is that wrong? And pointless?

#2. How do we answer the I-864 Affidavit of Support (filed FOR ME, the wife) where it asks for HOW MANY DEPENDENTS does Rian have?

Found on PART 5: Number 21. D. "If you have dependent children, enter the number here."

BACKGROUND:

See, his total Gross income ranges from 20,000usd to 22,000usd so he can only file an affidavit of support for ME and NOT our daughter, as per the latest 125% Poverty Guideline for 3 people should be at least MORE THAN 23,862usd.

So should he count our daughter as one of his dependents?

Rian, the petitioning US Citizen, (I know) is supposed to file separate petitions for me and our daughter Ari, so there should also be 2 separate Affidavits of Support. Is that right? But in filling out MY I-864, should he COUNT HER as one of his dependents or should he just disregard that question? And only count himself and Me, his wife, for a total of 2 people? Or must he include our daughter and have a total of 3 people?

(found on PART 5: Sponsor's household size, NUMBER 21. A to H)

-------------------------------

FOR our daughter's version of the i-864:

Now my husbands AUNT (his mother's youngest sister) is a Nurse and is not married, agreed that she sign an affidavit of support for our daughter.

#3. a) Should Rian, the US Citizen PETITIONER be the one FILLING UP the I-864 or should The AUNT BE THE ONLY ONE to do that?

b) OR Should Rian submit 2 Affidavits of Support for our daughter? 1 filled up by him and another 1 filled up by the AUNT?

c) Is the AUNT called a JOINT SPONSOR? Or a principal sponsor for our daughter? I'm really confused.

d) What does "PRINCIPAL IMMIGRANT" MEEEEAAAN? Should that be ME? Or could it be ME on MY AFFIDAVIT OF SUPPORT, and Ari our daughter ON HER AFFIDAVIT OF SUPPORT? Or should it be consistent that I AM THE MAIN AND ONLY PRINCIPAL IMMIGRANT? If so, what does that make our daughter?

-------------------------------------

#4. Is it okay to NOT HAVE a Cover letter for the Affidavit of Support or is that mandatory? If it is indeed mandatory, can I make one in behalf of THE AUNT and have my husband print it without being signed by her? (She is in California and probably already sent the Affidavit of Support to my husband in NC, and I greatly doubt she included a Cover letter, let alone sign it) I hope it's not mandatory.

I guess that's most of it!

It would help us magnanimously if you could enlighten me with all of these confusions and uncertainties I'm experiencing. Looking forward to hearing from you guys. Thank you so much for reading through this and God bless!!

Desperately,

w1nsse

Edited December 1, 2012 by w1nsse

[Ryan H 3,834]

I-864 is not sent to USCIS, it is sent to the NVC after they have received an approved petition from USCIS, assigned a case number, and the bill has been paid. You do not need to wait for the NVC to send you any notices. The appropriate forms and paperwork can be sent as soon as the bill shows "PAID" in the payment portal.

[w1nsse 3]

I-864 is not sent to USCIS, it is sent to the NVC after they have received an approved petition from USCIS, assigned a case number, and the bill has been paid. You do not need to wait for the NVC to send you any notices. The appropriate forms and paperwork can be sent as soon as the bill shows "PAID" in the payment portal.

Roger that. Thank you so much for the input, Ryan H! We WERE going to send it all and what a waste it would've been if I didn't find this place and you didn't reply. *wipes forehead*

But do you have an insight concerning joint sponsorship?

If US Citizen husband files for I-130 for wife + a separate I-130 for biological 5yo daughter, but petitioners income can only sponsor the wife as total gross income is not enough to support all 3 of them. Now US Citizen relative (aunt) in different State volunteers to Sponsor the said 5yo child.

Question 1: What does it mean when it states someone is filing as a JOINT SPONSOR? Seeing as the US Citizen Aunt is going to be completing that form, I'm confused whether the Petitioner is still required to fill up a separate Affidavit of Support for our daughter as well, maybe to justify and complete the term 'Joint Sponsor?' Or if he isn't supposed to fill up another affidavit of support anymore and the Aunt's signed and completed I-864 form is enough?

And I just recently found that it might be more fitting that the husband fill up form I-864EZ rather than I-864. Seeing as he will be the only sponsor filing an affidavit of support for me, his wife. Is that correct? Really appreciate the help.

A little relieved,

w1nsse

[Ryan H 3,834]

If US Citizen husband files for I-130 for wife + a separate I-130 for biological 5yo daughter, but petitioners income can only sponsor the wife as total gross income is not enough to support all 3 of them. Now US Citizen relative (aunt) in different State volunteers to Sponsor the said 5yo child.

Regarding the US Citizen husband filing an I-130 for a biological daughter, did he not qualify to file a Consular Report of Birth for her?

Question 1: What does it mean when it states someone is filing as a JOINT SPONSOR? Seeing as the US Citizen Aunt is going to be completing that form, I'm confused whether the Petitioner is still required to fill up a separate Affidavit of Support for our daughter as well, maybe to justify and complete the term 'Joint Sponsor?' Or if he isn't supposed to fill up another affidavit of support anymore and the Aunt's signed and completed I-864 form is enough?

And I just recently found that it might be more fitting that the husband fill up form I-864EZ rather than I-864. Seeing as he will be the only sponsor filing an affidavit of support for me, his wife. Is that correct? Really appreciate the help.

A little relieved,

w1nsse

A joint sponsor is someone who is willing to accept financial responsibility along with the primary sponsor (the petitioner) for the intending immigrant. All petitioners must submit an I-864, even if they have a joint sponsor (who must also submit an I-864).

In order for a petitioner to use the I-864EZ, there are 3 questions at the top of the form, the petitioner must answer yes to all 3 questions in order to use the form. Joint sponsors can only use the I-864.

***Since this topic involves immigration of a spouse, I am moving this thread from Bringing Family Members of Permanent Residents to America forum to IR-1/CR-1 Process & Procedures.***

[NigeriaorBust 4,087]

Your daughter doesn't qualify for a CBRA probably because she was born before he was a citzen however once she arrives she would qualify. Because of this you can file the I864-w to waive the need to support her ( because of her immediate ability to be a USC) however she does count in the household size and raises the house hold to 3 in regards to your own needs.

[w1nsse 3]

Regarding the US Citizen husband filing an I-130 for a biological daughter, did he not qualify to file a Consular Report of Birth for her?

I mentioned on my first (impossibly long) question that started this thread that he's a born Filipino and just recently changed citizenship to US Citizen. And being that our daughter is 5yo, I don't think she qualifies. If I'm not mistaken the father or the mother has to be an USC first before the child is born to be able to apply to that, right? But thank you for the question.

In order for a petitioner to use the I-864EZ, there are 3 questions at the top of the form, the petitioner must answer yes to all 3 questions in order to use the form. Joint sponsors can only use the I-864.

Yes he qualifies for this for his affidavit for ME. We're thinking that he would be my sponsor since his income can support 1 person. And the joint sponsor will be for our daughter.

Is that okay that he file the I-864EZ for me, and he files an I-864 for our daughter along with the joint sponsors separate I-864. Correct?

I still feel very unsettled about answering how many people to count when he answers SPONSORS HOUSEHOLD SIZE.

1. In my affidavit of support, should he count our daughter as a dependent? And put a number "1" for a total of "3" people?

Or should he just leave that be to have a total of just "2" people (myself and him) for Sponsors Household Size?

2. In our daughters affidavit of support, I have the same question. Should he count me the wife and put a number 1? For a total of 3 people

or should he just disregard that question and end up with a total of "2" people, himself and our daughter for Sponsors Household Size?

Thank you so much for your time Ryan! You da man!

***Since this topic involves immigration of a spouse, I am moving this thread from Bringing Family Members of Permanent Residents to America forum to IR-1/CR-1 Process & Procedures.***

And I am so sorry for that, I had absolutely no clue that the visa we were applying for is actually an IR-1. I only know the name of the form: I-130. LOL! Really appreciate the move.

[Ryan H 3,834]

I mentioned on my first (impossibly long) question that started this thread that he's a born Filipino and just recently changed citizenship to US Citizen. And being that our daughter is 5yo, I don't think she qualifies. If I'm not mistaken the father or the mother has to be an USC first before the child is born to be able to apply to that, right? But thank you for the question.

Oops, I forgot that detail. He would have had to be a USC when daughter was born, since he wasn't, CRBA is not available for the daughter. FYI, for the benefit of others who may read this, the fact that she is 5 now has nothing to do with whether or not a CRBA can be filed.

I still feel very unsettled about answering how many people to count when he answers SPONSORS HOUSEHOLD SIZE.

1. In my affidavit of support, should he count our daughter as a dependent? And put a number "1" for a total of "3" people?

Or should he just leave that be to have a total of just "2" people (myself and him) for Sponsors Household Size?

Daughter is part of the household size, your household count is 3.

2. In our daughters affidavit of support, I have the same question. Should he count me the wife and put a number 1? For a total of 3 people

or should he just disregard that question and end up with a total of "2" people, himself and our daughter for Sponsors Household Size?

An I-864W can be filed for your daughter (see post above by NigeriaorBust).

And I am so sorry for that, I had absolutely no clue that the visa we were applying for is actually an IR-1. I only know the name of the form: I-130. LOL! Really appreciate the move.

No worries and no apology necessary.

[w1nsse 3]

Your daughter doesn't qualify for a CBRA probably because she was born before he was a citzen however once she arrives she would qualify. Because of this you can file the I864-w to waive the need to support her ( because of her immediate ability to be a USC) however she does count in the household size and raises the house hold to 3 in regards to your own needs.

So does that mean she won't need an affidavit of support, but I would? Or did I get that wrong?

About the I-864w, do we file that now? Or when we arrive in America?

I honestly thought we weren't supposed to count our daughter in my affidavit of support, and vice versa. Because I think I read somewhere that because we need to file separate I-130's (not combined so I would not be considered the primary intending immigrant) I took it as though only the person on each specified visa petition must be counted + the petitioning sponsor.

Thank you by the way for actually reading through the entire post. Must've been exhausting for you! Really appreciate the input.

[w1nsse 3]

Oops, I forgot that detail. He would have had to be a USC when daughter was born, since he wasn't, CRBA is not available for the daughter. FYI, for the benefit of others who may read this, the fact that she is 5 now has nothing to do with whether or not a CRBA can be filed.

Oh yeah! Good eye, thanks for clearing that up, didn't realize it could very well be misinterpreted. You're a good man Mr. Ryan H

Daughter is part of the household size, your household count is 3.

Got it!

An I-864W can be filed for your daughter (see post above by NigeriaorBust).

Seen!

No worries and no apology necessary.

Oh my God I am so sorry for apologizing! Won't happen again. *GRIN*

Edited December 2, 2012 by w1nsse

[Ryan H 3,834]

About the I-864w, do we file that now? Or when we arrive in America?

It's sent to the NVC.

[w1nsse 3]

It's sent to the NVC.

Okay. Awesome!

I'm reading up on the instructions for I-864w and I just found myself laughing hysterically in the middle of the night (2am here btw!) I cannot seem to grasp the reality that she will immediately be a US Citizen as soon as she sets foot on US grounds! And it took us 5+ years of waiting and being apart from my husband to get him that status. Even funnier is that she barely knows how to speak English What a lucky son of a gun! (Or daughter, rather) I guess this won't sink in real soon.

So let me get this straight: She WON'T be needing an affidavit of support? Just a waiver that she won't be needing it?

But it's different in my case right? I will be needing a joint sponsor because our daughter is going to end up being dependent on my husband's income. Is that correct? If so, it probably means he cannot file the I-864EZ now.

still can't believe what I just learned. You guys are great.

[Ryan H 3,834]

But it's different in my case right? I will be needing a joint sponsor because our daughter is going to end up being dependent on my husband's income. Is that correct? If so, it probably means he cannot file the I-864EZ now.

Since his income is below the 125% threshold for a household size of 3, a joint sponsor will be necessary. Your husband and his aunt who agreed to be a joint sponsor will both submit an I-864. When his aunt submits her I-864, she will count you in her household size but will not count your husband or your daughter.

[w1nsse 3]

Since his income is below the 125% threshold for a household size of 3, a joint sponsor will be necessary. Your husband and his aunt who agreed to be a joint sponsor will both submit an I-864. When his aunt submits her I-864, she will count you in her household size but will not count your husband or your daughter.

Impressive. You actually left me with nothing to ask about anymore!

Well, almost. I'm playing around filling up the I-864w form because hubby is consistently busy doing overtimes over overtimes for our mind-boggling costs next year, he rarely has time to sit down and go through any forms. Poor guy. But I have a different story to present.

If you could bear with me a little while longer. The aunt is my husband's relative. We were reluctant on asking her to be my sponsor because we're not really that close and I don't want to be a burden to her if God forbid anything goes wrong. So we thought my husband would be the one to Sponsor me, while SHE sponsors our kid. Because our daughter is like her granddaughter anyway, I'm sure she won't mind.

But now that I found out about this waiver, it turns out, like you said, she will be the one sponsoring me.

As a less embarrassing alternative however, I have an aunt (my Mom's sister) who lives in Texas but she's married, and has a kid. She is VERY willing to sponsor me. But I'm worried that it would be too much trouble for her because she has family as opposed to my hubby's Aunt who isn't married.

If my aunt were to sponsor me, is she required to include her husband and child in the Household Size? Plus my grandma, a senior US Citizen, her Mom is living with them. Can she not include any of them to avoid any more forms to be filling out? Or they ALL have to fill up I-864a just to make sense of it all?

Edited December 2, 2012 by w1nsse

[Ryan H 3,834]

If my aunt were to sponsor me, is she required to include her husband and child in the Household Size? Plus my grandma, a senior US Citizen, her Mom is living with them. Can she not include any of them to avoid any more forms to be filling out? Or they ALL have to fill up I-864a just to make sense of it all?

Yes, she is required to include her husband and child (if it's a minor) in her household count. I don't know if your grandma would be included or not and I do not want to guess one way or the other (hopefully someone who knows will answer soon). She absolutely can not avoid listing anyone on any form for any purpose as that is deception by omission. If your aunt qualifies as a joint sponsor based on her own income, an I-864A her husband would not be necessary.

Edited December 2, 2012 by Ryan H

[w1nsse 3]

Yes, she is required to include her husband and child (if it's a minor) in her household count. I don't know if your grandma would be included or not and I do not want to guess one way or the other (hopefully someone who knows will answer soon). She absolutely can not avoid listing anyone on any form for any purpose as that is deception by omission. If your aunt qualifies as a joint sponsor based on her own income, an I-864A her husband would not be necessary.

Ok. Got it. Thank you for the warning. I don't intend to deceive anyone by omission, I just do not know whether listing or not listing someone is actually an option or not. Thus, the seemingly unending flow of questions.

"He who asks is a fool for 5 minutes. But he who does not ask remains a fool forever." Well, not true, maybe he's gonna ask tomorrow right? You can't be that certain he'll remain a fool forever

I'm off to bed! Daughter goes to school in 2 hours. I shall resume asking again eliminating as much foolishness I posses in my system tomorrow. Goodnight and God bless us all! I really can't imagine how to repay everyone for the help they've given, especially from you Mr. H! Talk to you soon.

Edited December 2, 2012 by w1nsse