about to have an interview for an exceptional I-130 petition, do I need to fill out I-864? and some questions related to income

[MonkeyLuffy 0]

Me (American) has an interview at the US Embassy in Tokyo, about my I-130 petition for my spouse (Foreign).

We also have a child who is a dual national and has a US passport.

 

According to the checklist, I need to do the I-130, but it lists the I-864 as (optional for Tokyo, however required for visa issuance).

 

1. Should I just submit the I-864 as well? I tried calling the embassy hotline for visas, but they were not helpful

2. I am working on I-864 just in case.. and having trouble with Part 6 Question 8.  Should I include the income of my spouse (foreigner)? I think my own income is enough to live by, but she still has her income from her current job that is not in the US.

I also note that it mentions that intending immigrant (i guess my spouse) does not need to submit this if they dont have a dependent.  But should our child be counted if she already is American?

3. Do I need to do the I-864A as well?

 

[Dashinka 24,493]

4 hours ago, MonkeyLuffy said:

Me (American) has an interview at the US Embassy in Tokyo, about my I-130 petition for my spouse (Foreign).

We also have a child who is a dual national and has a US passport.

 

According to the checklist, I need to do the I-130, but it lists the I-864 as (optional for Tokyo, however required for visa issuance).

 

1. Should I just submit the I-864 as well? I tried calling the embassy hotline for visas, but they were not helpful

You can, or your spouse can take it with them to the interview.

4 hours ago, MonkeyLuffy said:

2. I am working on I-864 just in case.. and having trouble with Part 6 Question 8.  Should I include the income of my spouse (foreigner)? I think my own income is enough to live by, but she still has her income from her current job that is not in the US.

Only include your spouse's income if it will continue after she immigrates to the US.

4 hours ago, MonkeyLuffy said:

I also note that it mentions that intending immigrant (i guess my spouse) does not need to submit this if they dont have a dependent.  But should our child be counted if she already is American?

3. Do I need to do the I-864A as well?

 

An I864A does not seem warranted in this case, but consulates have been known to request them at the interview.  You may want to have one filled out for her to take to the interview just in case.

 

The instructions from the consulate seem confusing.  With any IR visa application, and I864 is required and all dependents (with a few rare exceptions) regardless of citizenship need to be counted on the I864.

 

Here are a couple of relatively recent threads regarding DCF in Japan that may be helpful as a sort of guide.

 

Good Luck!

 

 

Edited May 9 by Dashinka

[pushbrk 12,882]

I-864a is not needed from the foreign spouse, under any circumstances.  Become an A-Student of the I-864 instructions before completing the form.

[powerpuff 6,697]

*** Thread moved to the DCF forum as this is a DCF case ***