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Am I being dumb - I-864 Form question

By perfect in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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perfect Rising Star

perfect   39

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

So part 5 where it speaks of Sponsor's Household Size. When son follows the instructions it defaults the final total in part 5(8) to 3 when to should be 2.

he is entering in 5(1) one person (the wife who is AOS'ing) for principal immigrant listed in Part 2(1a) - ONE

Then under "Persons not sponsored under this Affidavit - lists him by default - TWO

but then it asks to put one person if married - which he is - to the person listed in 2(1a) who is counted as one under 5(1).

He doesn't want to put none here because he is married! But when he puts one in 5(3) it makes the final total 3 people which is wrong.

Can you help please!! This is in response to an RFE!

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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CAMama3 Explorer

CAMama3   1

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

The instructions address this. http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

It says "Make sure you do not count any individual more than once. In some cases the same person could fit into two categories. For example, your spouse, whom you would enter in Item Number 3., might also be a lawful permanent resident for whom you have already sponsored using Form I-864 (Item Number 6.). If you included your spouse on Item Number 3., do not include him or her again on Item Number 6."

In your son's case, if I'm following correctly, his wife is counted on 5(1), so he should put 0 for 5(3), so she is not counted twice.

K1 Vancouver

AOS

4/4/15- AOS/EAD/AP sent

4/6/15- Package received

4/9/15- NOA1- text/email

4/13/15- NOA1 hard copy EAD/AP (NOA1 dated 4/7)

4/14/15- NOA1 hard copy AOS (NOA1 dated 4/7)

4/17/15- Biometrics Letter received

4/29/15- Biometrics completed

6/23/15 (Day 77)- Service request

7/2/15 (Day 86)- Service request complete, email of approval of EAD (approved on June 30)

12/29/15- Interview

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perfect Rising Star

perfect   39

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
  • Author
Posted

that was what we thought and did initially, but when you read the question, it simply asks whether married or not - he doesn't want to get into trouble by saying zero which indicates not married!

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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KayDeeCee Grand Master

KayDeeCee   4,893

Posted
Filed: Citizen (apr) Country: Mexico
 Timeline
Posted

So part 5 where it speaks of Sponsor's Household Size. When son follows the instructions it defaults the final total in part 5(8) to 3 when to should be 2.

he is entering in 5(1) one person (the wife who is AOS'ing) for principal immigrant listed in Part 2(1a) - ONE

Then under "Persons not sponsored under this Affidavit - lists him by default - TWO

but then it asks to put one person if married - which he is - to the person listed in 2(1a) who is counted as one under 5(1).

He doesn't want to put none here because he is married! But when he puts one in 5(3) it makes the final total 3 people which is wrong.

Can you help please!! This is in response to an RFE!

It states not to count anyone twice. And you would not count the person that is being sponsored under, "Persons NOT sponsored under this Affidavit". They are the principal immigrant being sponsored, and are only counted as that in #1.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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