Which I-864 (affidavit of support) can I use?

[unsmiley 111]

I have an approved I-130 petition for my spouse, and we are working on the DS-230 on the road to a green card. If my under 21 years old stepchild, who is in the US on a student visa decides to adjust his status (and file I-130/I-485 concurrently), can I use the I-864EZ? That is the form I used for my spouse's petition.

The I-864 instructions are a little confusing to me. It states I can use the I-864EZ if "the sponsored immigrant is the only person immigrating based on the underlying visa petition." Would my stepchild be considered a separate visa petition from the I-130 already approved for my spouse? In other words, is he considered the only person immigrating under his petition? I would like to file the EZ form, obviously, if possible.

[pushbrk 12,903]

Yes, you would have filed separate petition for your stepchild, so if you qualify based on employee (W2) income alone, you can use two I-864EZ forms, one for each immigrant.

Your spouse's child is only considered your "stepchild" for immigration purposes if under 18 when you married the Mother.