Part 2 i485 new form

[Dannyboo 0]

Hello, I am us citizen by naturalization filing for my wife and stepson already in the United States. 1 do I have to file separate 1485 for my stepson. 2. Which option would I select for family based  if I will be filing concurrently i130 and i485 if i don't have a I 797 receipt for both. 3. Would my spouse be principal applicant and stepson derivative or just leave do not fill out.

[geowrian 22,338]

1. Yes. Immediate relative category visas do not allow derivitives, so each beneficiary must be petitioned.
2. "Immediate relative of a U.S. citizen, Form I-130". You don't need the NOA1 when filing together (only if sending the I-485 after the I-130).
3. They each would be the principal applicant for their own petition/AOS.

Edited October 1, 2017 by geowrian

[Dannyboo 0]

3 minutes ago, geowrian said:

1. Yes. Immediate relative category visas do not allow derivitives, so each beneficiary must be petitioned.
2. "Immediate relative of a U.S. citizen, Form I-130". You don't need the NOA1 when filing together (only if sending the I-485 after the I-130).
3. They each would be the principal applicant for their own petition/AOS.

Thanks, so that means for part 2 page4  3 to 9 i don't have to fill out

[geowrian 22,338]

12 minutes ago, Dannyboo said:

Thanks, so that means for part 2 page4  3 to 9 i don't have to fill out

Questions 3 & 4 need to be filed out as they are about the principal applicant (the intending immigrant). Questions 5-9 are for derivitive applicants only (which you do not have). You need an I-130 and I-485 for both your wife and stepson...your wife is the principal applicant on one I-485 and your stepson on the other.

Edited October 1, 2017 by geowrian

[Dannyboo 0]

22 minutes ago, Dannyboo said:

Thanks, so that means for part 2 page4  3 to 9 i don't have to fill out

I don't have the i797 because I want to file both documents together I130 and i485. What should I do in that case 

[geowrian 22,338]

7 minutes ago, Dannyboo said:

I don't have the i797 because I want to file both documents together I130 and i485. What should I do in that case 

39 minutes ago, geowrian said:

"Immediate relative of a U.S. citizen, Form I-130". You don't need the NOA1 when filing together (only if sending the I-485 after the I-130).

The I-797 is the NOA1. So no need to include that when you send the I-130 and I-485 together.

[Ryan H 3,834]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

Edited October 4, 2017 by Ryan H

[Dannyboo 0]

On 9/30/2017 at 6:18 PM, geowrian said:

1. Yes. Immediate relative category visas do not allow derivitives, so each beneficiary must be petitioned.
2. "Immediate relative of a U.S. citizen, Form I-130". You don't need the NOA1 when filing together (only if sending the I-485 after the I-130).
3. They each would be the principal applicant for their own petition/AOS.

I am USC filing for my wife and stepson, who are living in the US on a visitor visa, I have two other dependents who are USC that file for my taxes. I am doing the i864 form. I have a few questions.

1. Do I file separate i864 for each or list my stepson on part 3 under is mother's i864 form

2.How do I fill out part 5 on my wife's form. Question 1. I put 1

Question 3. is very confusing should i put 0 and question 4 i put three because i have my stepson and two other dependents. So my total would be 5.

On my stepson 's form part 5 if I have to fill out what would I do then...

Dependents would be 2 seeming this would be his application and at that point I put spouse 1.... 

Confused

 

 

[geowrian 22,338]

8 hours ago, Dannyboo said:

1. Do I file separate i864 for each or list my stepson on part 3 under is mother's i864 form

2.How do I fill out part 5 on my wife's form. Question 1. I put 1

Question 3. is very confusing should i put 0 and question 4 i put three because i have my stepson and two other dependents. So my total would be 5.

On my stepson 's form part 5 if I have to fill out what would I do then...

Dependents would be 2 seeming this would be his application and at that point I put spouse 1....

1. You file an I-864 for each beneficiary...so you would have 1 for each.
2. Correct - you are sponsoring 1 intending immigrant in each I-864.
3. Don't count anybody already counted above
   1. For #3 on your wife's I-864, you put 0 here as she is included in #1. On your stepchild's I-864, you would put 1 here.
   2. For #4 on your wife's I-864, you would put 3 here. On your stepchild's I-864, you would put 2 here (since he is included in #1 already).
   3. The grand total should be 5 here in both cases (assuming all remaining answers are 0):
      1. Wife: 1+1+0+3
      2. Stepson: 1+1+1+2