How many I864s need to be filled out

[bukerjw 0]

This should be an easy question. My wife (American) is petitioning for me and our 2 year old daughter to immigrate (all moving at the same time). Two year old didn't get automatic citizenship because wife hadn't lived in USA long enough to qualify her for that.

My wife filled out an I-130 for myself, and one for my daughter, sending them off in one package as instructed. Just got the NOA2 (!) so now we are working on the I864. In the instructions it says we need to fill out an I864 for each petition that was filed. But then it says that sometimes petitions are filed together and only one I864 needs to be filled out. ?? Can anyone clear up what is expected of us? It's easy enough to just fill out 2 almost identical I864s, but just not sure if that is expected.

And if you know the answer to that, may as well also ask, do I (as intending immigrant) need to fill out an I-864A (to include my income and assets in the calculation)? It says I don't need to, unless I have a dependent. We have a dependent (our 2 year old who is immigrating with me), so that means I do need to fill out the I-864A? I guess I'm just a little confused because I don't really see the logic in the requirement based on dependent. Need reassurance I am understanding all this and that I do in fact have to fill out an I864A.

Thanks!

[NikLR 13,232]

Please update your timeline.

If you are doing document intake at the NVC you are now on the CR1/IR1 path not the K3, which means an interview in Montreal.

For you, your wife would sign a completed I-864. If you do not have qualifying assets for a family of 3, you will need a joint sponsor. You do not need an I-864a as any job you have now would likely not be continuing after you move to the USA.

For your daughter, she would be a USC when she arrives in the USA so only needs an I-864w.

[bukerjw 0]

My job will continue once I move to the USA. It is 2 days / week and only 40 minutes by car across the border. So, I need an I864A?

My daughter needed an I-130 as well, since my US citizen wife had not lived in the US for the required time for automatic citizenship. She had to petition for my daughter as well, a separate I-130 in the same package.

So, a separate I-864 for each of us?

(The I-129f has not been cancelled yet, but I am assuming it will be cancelled at NVC. So yes, IR1, interview in Montreal.)

[bukerjw 0]

Oh wait. I am confused right now. My US citizen wife needed to file an I-130 petition for our daughter, because my wife hadn't lived in the USA for the minimum time requirements to allow our daughter to receive automatic citizenship.

However, I am just reading this I-864w form right now, and it seems that upon moving to the USA as an immigrant, our daughter automatically because an American citizen?? Is that correct? I did not know that. Can someone confirm this to me? So, one I-864, and one I-864w for my daughter.

Am I correct to assume my wife still has to show income/assets in an I-864 in support of both me and our 2 year old daughter (household size 3)?

[NikLR 13,232]

My job will continue once I move to the USA. It is 2 days / week and only 40 minutes by car across the border. So, I need an I864A?

My daughter needed an I-130 as well, since my US citizen wife had not lived in the US for the required time for automatic citizenship. She had to petition for my daughter as well, a separate I-130 in the same package.

So, a separate I-864 for each of us?

(The I-129f has not been cancelled yet, but I am assuming it will be cancelled at NVC. So yes, IR1, interview in Montreal.)

If your income will continue you can add an I-864a to her I-864 and provide proof the income will continue. - the household count is petitioner, any dependents, + beneficiary = 3

Yes your daughter will be a USC when she arrives in the USA and needs an I-864w.

Edited March 14, 2014 by NLR

[bukerjw 0]

Thanks NLR, this is what I hope and assume. I am just a little nervous because in the I864A there is a (required?) checkbox for an attached US federal tax return, which I obviously have not done (living and working in Canada). And I had another person tell me that the income must be US source, although I haven't found anything on the internet to back that up.

Supposing I go to my interview and they say the income is for whatever reason unacceptable. What is the worst that could happen? Is it possible they would deny my visa absolutely? Do they ever do that?

Or would they just tell me I have to get a joint sponsor to send in an I864? Would they make me travel to the Montreal consulate again for another interview? Would it be a big delay? I have the potential to get a joint sponsor if necessary, but I don't want to hassle them if it is not necessary.