Starting AOS (split)

[0NI 114]

On 8/16/2019 at 7:10 PM, Hank_ said:

Ah your wife did file AOS already, you posted earlier that you hadn't filed yet  .. then ignore the "include" part of my previous posting

 

Complete the process for the K2 providing the same completed forms along with required evidence (documents) as was done for your wife.

 

864 info still applies

In filing for K1 AOS for the form I-864 (K2 is follow to join after 6 months), part 3 nos. 1 and 3, can I check them both and include the name of my dependent?

Also can use the K1 I-864 copy to send to USCIS for  when the time my daughter applies for AOS which I included her as dependent of principal immigrant?

 

Thanks.

[Hank_ 9,174]

For the K-1's AOS ;   You would check YES for #1 as you are sponsoring your wife (the principal immigrant) .    You would not check #3 as you are not sponsoring the K-2 yet. 

 

You must complete a separate I-864 for the K-2 for their AOS process .  (new)

 

 

https://www.uscis.gov/system/files_force/files/form/i-864instr-pc.pdf?download=1

 

Item Number 2. Family Members Immigrating Within Six Months. The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States. If the spouse and/or children will travel with the principal immigrant, or within six months of the principal immigrant’s entry into the United States and you are sponsoring them, you should list the names and other requested information in the spaces provided in Item Number 2. If any dependents are not immigrating, will immigrate more than six months after the principal immigrant arrives in the United States, or you are not sponsoring them, then do not list their names here. A separate Form I-864 is required for them when they apply for their immigrant visas.

[0NI 114]

23 minutes ago, Hank_ said:

For the K-1's AOS ;   You would check YES for #1 as you are sponsoring your wife (the principal immigrant) .    You would not check #3 as you are not sponsoring the K-2 yet. 

 

You must complete a separate I-864 for the K-2 for their AOS process .  (new)

 

 

https://www.uscis.gov/system/files_force/files/form/i-864instr-pc.pdf?download=1

 

Item Number 2. Family Members Immigrating Within Six Months. The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States. If the spouse and/or children will travel with the principal immigrant, or within six months of the principal immigrant’s entry into the United States and you are sponsoring them, you should list the names and other requested information in the spaces provided in Item Number 2. If any dependents are not immigrating, will immigrate more than six months after the principal immigrant arrives in the United States, or you are not sponsoring them, then do not list their names here. A separate Form I-864 is required for them when they apply for their immigrant visas.

Should I still include the K2's name on the list (Family Member 1) on the K1's I-864?

[Hank_ 9,174]

Just now, 0NI said:

Should I still include the K2's name on the list (Family Member 1) on the K1's I-864?

Slow down and read the instructions.  Take everything literally .. nothing more.      You are not sponsoring the K-2 at this time.

 

You only list family members  IF ... IF ... you checked box # 2   (and later #3)

 

"   Item Number 2. Family Members Immigrating Within Six Months. The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States. If the spouse and/or children will travel with the principal immigrant, or within six months of the principal immigrant’s entry into the United States and you are sponsoring them, you should list the names and other requested information in the spaces provided in Item Number 2.   ......   "

[0NI 114]

15 hours ago, Hank_ said:

Slow down and read the instructions.  Take everything literally .. nothing more.      You are not sponsoring the K-2 at this time.

 

You only list family members  IF ... IF ... you checked box # 2   (and later #3)

 

"   Item Number 2. Family Members Immigrating Within Six Months. The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States. If the spouse and/or children will travel with the principal immigrant, or within six months of the principal immigrant’s entry into the United States and you are sponsoring them, you should list the names and other requested information in the spaces provided in Item Number 2.   ......   "

I just want to make sure, because in the VJ's K2 AOS guide it says:
 

 " I-864 - Affidavit of Support: K-2's don't require their own separate I-864 with supporting documents (tax returns, etc). Make sure they are listed in section 9 of the K-1's I-864, and provide a photocopy of the K-1's I-864 with the K2's paperwork. You don't need to include copies of the supporting documents with the K-2's paperwork. You won't get an RFE if you do happen to provide a separate I-864 with supporting docs for the K-2. It's just not required."

 

That's why I'm getting confused if I should include child's name (K2 to follow) in the form.

Or this guide only applies to K2 who is filing AOS with the K1?

 

Edited March 28, 2020 by 0NI

[Ontarkie 14,175]

~~Hijack post split off to it's own thread and moved to AOS Family K1/K3 - as this is an AOS topic.~~