NEW AFFIDAVIT FORM, I NEED HELP IT'S SO CONFUSING!

[valentinanola 17]

Hi guys,

 

We received and RFE on our AOS application, no big deal but we never had one before and I want to make sure I do this right to avoid further delays.

 

The new form is so confusing, it's driving me insane. I'm adjusting my status from a K-1 visa, and PART 5 of the form is confusing me, can someone please help me? 

I have attached a picture so you guys can see what I'm struggling with.

 

Thank you so much!

[Ben&Zian 4,398]

Depends how many people you put in Part 3 as it says.

 

Then persons NOT sponsored, obviously is yourself, and then any others you put in, then #8 is the total. That dictates your household size for how much you need have for income.

 

For us, my partner(beneficiary) was only one listed in part three, so #1 is just 1.

Then #2, myself, so 1.

 

#8 = 2 for household size.

[Love_A_Brit 33]

Hi there! Assuming you are sponsoring only your new spouse, you'll enter a "1" on line one and a "1" on line two.  That takes care of you and your spouse.  After that, you need to account for any children in the household or other dependents (lines 4 and 5) as well as any other people you have sponsored in the past, if applicable (line 6).  You add them all up to come up with a household size at the bottom of part 5.  

 

In my case, I entered a "1" on line one for my spouse, a "1" on line 2 for myself, and a "1" on line 4 for my daughter.  Total household size = 3.

 

Does this help?

[valentinanola 17]

2 minutes ago, Ben&Zian said:

Depends how many people you put in Part 3 as it says.

 

Then persons NOT sponsored, obviously is yourself, and then any others you put in, then #8 is the total. That dictates your household size for how much you need have for income.

 

For us, my partner(beneficiary) was only one listed in part three, so #1 is just 1.

Then #2, myself, so 1.

 

#8 = 2 for household size.

 

Yes but I'm still confused. On part 2 I put all my details as I'm the immigrant, do I have to repeat the same on the 3rd part? I'm just so confused by this all thing. It's annoying... I'm sorry guys, I'm becoming super frustrated.

[valentinanola 17]

2 minutes ago, Love_A_Brit said:

Hi there! Assuming you are sponsoring only your new spouse, you'll enter a "1" on line one and a "1" on line two.  That takes care of you and your spouse.  After that, you need to account for any children in the household or other dependents (lines 4 and 5) as well as any other people you have sponsored in the past, if applicable (line 6).  You add them all up to come up with a household size at the bottom of part 5.  

 

In my case, I entered a "1" on line one for my spouse, a "1" on line 2 for myself, and a "1" on line 4 for my daughter.  Total household size = 3.

 

Does this help?

 

Yes I get that, but it's also the previous part that confuses me. Do I have to repeat all my details under part 3 which is INFORMATION ABOUT THE IMMIGRANTS YOU ARE SPONSORING.

 

I am the beneficiary, my husband is the american citizen and he's the sponsor.

[Ben&Zian 4,398]

2 minutes ago, valentinanola said:

 

Yes but I'm still confused. On part 2 I put all my details as I'm the immigrant, do I have to repeat the same on the 3rd part? I'm just so confused by this all thing. It's annoying... I'm sorry guys, I'm becoming super frustrated.

My mistake sorry, I even got confused.

 

Love_A_Brit hit it correctly.

 

If you only have you and your spouse, then still is only two, but you put 1 for "married" and one for "Yourself"

 

Ignore the other part about #3.

 

[Ben&Zian 4,398]

2 minutes ago, valentinanola said:

 

Yes I get that, but it's also the previous part that confuses me. Do I have to repeat all my details under part 3 which is INFORMATION ABOUT THE IMMIGRANTS YOU ARE SPONSORING.

 

I am the beneficiary, my husband is the american citizen and he's the sponsor.

 

That would be if your say are bringing kids or something.

 

If just fiance(now spouse) then just ignore that section.

 

It is a bit of a confusing form, but think most of us just put Youself and Spouse/married for 2. 

Edited April 27, 2017 by Ben&Zian

[Love_A_Brit 33]

2 minutes ago, Ben&Zian said:

Ignore the other part about #3.

I think you might need to check the "yes" box on Part 3, item 1.  Double check me on this.  The rest stays blank unless you're immigrating with other family members. Somewhere on this forum, there are really good sample forms for AOS paperwork. I relied heavily on those samples, and so far (fingers and toes crossed), no RFEs for this stage of the process.   

[valentinanola 17]

Just now, Love_A_Brit said:

I think you might need to check the "yes" box on Part 3, item 1.  Double check me on this.  The rest stays blank unless you're immigrating with other family members. Somewhere on this forum, there are really good sample forms for AOS paperwork. I relied heavily on those samples, and so far (fingers and toes crossed), no RFEs for this stage of the process.   

 

Thank you, the problem is that I could only find old versions of the affidavit samples, do you know where I can find the newest version?

[Ben&Zian 4,398]

4 minutes ago, Love_A_Brit said:

I think you might need to check the "yes" box on Part 3, item 1.  Double check me on this.  The rest stays blank unless you're immigrating with other family members. Somewhere on this forum, there are really good sample forms for AOS paperwork. I relied heavily on those samples, and so far (fingers and toes crossed), no RFEs for this stage of the process.   

 

Same. I have copies of one we sent in, just not with me right now, and same no RFE yet so... crossing fingers also haha.

[Wuozopo 4,293]

20 hours ago, valentinanola said:

 

Yes but I'm still confused. On part 2 I put all my details as I'm the immigrant, do I have to repeat the same on the 3rd part? I'm just so confused by this all thing. It's annoying... I'm sorry guys, I'm becoming super frustrated.

You are the principal Immigrant for Part 2. Fill it in. 

Your spouse is not sponsoring any additional family members, for example five kids coming with you which is what Part 3 is for. 

 

Part 3. 1. 

I am sponsoring the principal immigrant named in Part 2. ----YES

Part 3. 28.

Enter the total number of immigrants you are sponsoring on this affidavit from Item Numbers 1.a. - 27 -------ONE (1)

 

Now move on to Part 4 because there is nothing else applicable to your situation in Part 3 beyond the first and last question.

 

Part 5

1. 1

2. 1

8. 2

 

Move on to Part 6

 

 

 

 

Edited April 28, 2017 by Wuozopo

[lamafiosa69 46]

I am in the process of filling out the affidavit form. I was told by NVC that I have to fill out 2 separate forms, One for my Husband and one for his son since I have 2 separate cases.  The confusing part is the size of the household.

 

On my Husbands Affidavit I have a total of 3 (my husband which I am sponsering, myself and my mom which is my dependant).  Since it says that I cannot count the same person twice I left the married box blank.

 

On his son's Affidavit, I am getting a total of 4 since on his I have checked the married box.  Does this sound correct or should I leave the married box blank on the son's affidavit?

 

[Wuozopo 4,293]

19 hours ago, lamafiosa69 said:

I am in the process of filling out the affidavit form. I was told by NVC that I have to fill out 2 separate forms, One for my Husband and one for his son since I have 2 separate cases.  The confusing part is the size of the household.

 

On my Husbands Affidavit I have a total of 3 (my husband which I am sponsering, myself and my mom which is my dependant).  Since it says that I cannot count the same person twice I left the married box blank.

 

On his son's Affidavit, I am getting a total of 4 since on his I have checked the married box.  Does this sound correct or should I leave the married box blank on the son's affidavit?

 

On husband's affidavit:

I think the son goes down in #4 because he is your legal (step)child due to being married to his father. You are applying for his visa based on being his parent (by marriage).

 

Instructions:

"Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children."

[lamafiosa69 46]

3 hours ago, Wuozopo said:

On husband's affidavit:

I think the son goes down in #4 because he is your legal (step)child due to being married to his father. You are applying for his visa based on being his parent (by marriage).

 

Instructions:

"Item Number 4. Enter the number of unmarried children you have who are under 21 years of age, even if you do not have legal custody of these children."

Thank you for the information. This section is so confusing and I read somewhere else that since I am filling out a separate affidavit that I don't include them but what you are saying here makes sense. The good thing I guess is that even if I have 4 on both, I would still qualify to sponsor them.

[Wuozopo 4,293]

2 hours ago, lamafiosa69 said:

Thank you for the information. This section is so confusing and I read somewhere else that since I am filling out a separate affidavit that I don't include them but what you are saying here makes sense. The good thing I guess is that even if I have 4 on both, I would still qualify to sponsor them.

I think 4 on both is the accurate description of your family size.

You

Mom

Husband

Child/stepchild

 

You qualify to sponsor your husband based on family of 4 income requirements.

You qualify to sponsor your stepson based on family of 4 income requirements.