US citizen filed for children over 21

[MSSF 11]

Good morning, 

 

my father filed for 4 children who are over 21 and married. After 10 years we received a letter asking for Affidavit of support, ds230 and fees. 
 

Child 1 is principal applicant has total 4 members: himself, spouse and 2 children

Child 2, principal applicant has total 5 members: himself, spouse and 3

Child 3, principal applicant has total 5 members: himself, spouse and 3

 

Child 4, principal applicant has total 5 members: himself, spouse and 2

 

now my father don’t have enough income to support total 18 ppl. 
 

I understand there is option for follow to join, do we need a sponsor and income to show now for follow to join members? 
 

if dad have total $40 income, how to handle this situation?

 

like, who’s affidvit we should fill first and next?

[Boiler 46,576]

The only way I can make sense of this is that they do not know they are married and are F3 not 1

[Boiler 46,576]

I assume they were single when he filed for them so some years to go.

 

In the meantime he should line up joint sponsors 

[MSSF 11]

  On 10/21/2024 at 3:08 PM, Boiler said:

I assume they were single when he filed for them so some years to go.

 

In the meantime he should line up joint sponsors 

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Yes, when he first filed for 5 kids, 2 were married and 3 were unmarried. Later 2 more got married. We changed their status to married too. So, out of 5, 4 got married and 1 was umarried. 1 unmarried got her visa 5 years ago. Now 4 left, all married with kids

[Boiler 46,576]

What is their Priority Date?

[MSSF 11]

  On 10/21/2024 at 3:08 PM, Boiler said:

I assume they were single when he filed for them so some years to go.

 

In the meantime he should line up joint sponsors 

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They know about marriage, and thats why they waited almost 15 years. Its F3 category, married sons and daughters of us citizen

  On 10/21/2024 at 7:41 PM, Boiler said:

What is their Priority Date?

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Dec2010

[Boiler 46,576]

Well that also makes more sense, 15 years not 10 years.

 

So Joint Sponsors would be the way to go, otherwise focus on those with children who might age out first.

[MSSF 11]

  On 10/21/2024 at 7:45 PM, Boiler said:

Well that also makes more sense, 15 years not 10 years.

 

So Joint Sponsors would be the way to go, otherwise focus on those with children who might age out first.

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Ok. So Can we have 4 different joint sponsors for 4 different affidavit of support applications? 
 

means

 

family A have 4 ppl——— dad sponsor and joint sponsor w

 

family B have 5 ppl——— dad sponsor and joint sponsor X

 

family c have 5 ppl——— dad sponsor and joint sponsor y

 

family d has 4 ppl——— dad sponsor and joint sponsor z

 

now according to my understanding, there can be max 2 joint sponsors per affidavit. For example: 
 If joint sponsor w dont have enough income to support all 4 ppl, we can have another joint sponsor too to support family a. Which means affidavit i864 from dad and 2 applications form from 2 joint sponsors. 
correct me if i am wrong 

 

 

[Dashinka 25,199]

  On 10/21/2024 at 11:02 PM, MSSF said:

Ok. So Can we have 4 different joint sponsors for 4 different affidavit of support applications? 
 

means

 

family A have 4 ppl——— dad sponsor and joint sponsor w

 

family B have 5 ppl——— dad sponsor and joint sponsor X

 

family c have 5 ppl——— dad sponsor and joint sponsor y

 

family d has 4 ppl——— dad sponsor and joint sponsor z

 

now according to my understanding, there can be max 2 joint sponsors per affidavit. For example: 
 If joint sponsor w dont have enough income to support all 4 ppl, we can have another joint sponsor too to support family a. Which means affidavit i864 from dad and 2 applications form from 2 joint sponsors. 
correct me if i am wrong 

 

 

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Correct, your father will fill out I864s for each sibling (one for each family), and then he can have up to two qualifying joint sponsors for each, so potentially a total of 12 I864s.  Of course some of the joint sponsors could also be married, so it would be a good idea for their spouses to also fill out an I864A to go with the joint sponsor’s I864 especially if they file taxes jointly.

 

Good Luck!

Edited October 21, 2024 by Dashinka

[MSSF 11]

  On 10/21/2024 at 7:39 PM, MSSF said:

Yes, when he first filed for 5 kids, 2 were married and 3 were unmarried. Later 2 more got married. We changed their status to married too. So, out of 5, 4 got married and 1 was umarried. 1 unmarried got her visa 5 years ago. Now 4 left, all married with kids

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I was wondering if we do follow to join for derivatives applicants, as we don’t have enough join sponsors or income, do we still need sponsorship for all of them now or only principal applicant? 

  On 10/21/2024 at 11:07 PM, Dashinka said:

Correct, your father will fill out I864s for each sibling (one for each family), and then he can have up to two qualifying joint sponsors for each, so potentially a total of 12 I864s.  Of course some of the joint sponsors could also be married, so it would be a good idea for their spouses to also fill out an I864A to go with the joint sponsor’s I864 especially if they file taxes jointly.

 

Good Luck!

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I was wondering if we do follow to join for derivatives applicants, as we don’t have enough join sponsors or income, do we still need sponsorship for all of them now or only principal applicant? 

[Dashinka 25,199]

  On 10/22/2024 at 1:45 PM, MSSF said:

I was wondering if we do follow to join for derivatives applicants, as we don’t have enough join sponsors or income, do we still need sponsorship for all of them now or only principal applicant? 

 

 

I was wondering if we do follow to join for derivatives applicants, as we don’t have enough join sponsors or income, do we still need sponsorship for all of them now or only principal applicant? 

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To my knowledge all the derivatives need to be accounted for on the I864.  I will though defer to @pushbrk as the I864 expert.

[MSSF 11]

  On 10/22/2024 at 3:22 PM, Dashinka said:

To my knowledge all the derivatives need to be accounted for on the I864.  I will though defer to @pushbrk as the I864 expert.

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ok! As dad doesn’t have much income, only 39 to 40k, i was thinking to put all derivatives into follow to join, if we don’t need sponsor for them now.

[appleblossom 3,619]

  On 10/22/2024 at 4:56 PM, MSSF said:

 
 

ok! As dad doesn’t have much income, only 39 to 40k, i was thinking to put all derivatives into follow to join, if we don’t need sponsor for them now.

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You'd still need a joint sponsor it seems. And pretty sure you do - but have a look at the I-864, and hopefully somebody else will confirm.

 

How old are all the children? 

Edited October 22, 2024 by appleblossom

[MSSF 11]

  On 10/22/2024 at 5:22 PM, appleblossom said:

 

You'd still need a joint sponsor it seems. And pretty sure you do - but have a look at the I-864, and hopefully somebody else will confirm.

 

How old are all the children? 

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Family A: almost over 18 and 24. But when petition was filed, they were 2 and 8 years old. Priority date 2010

 

family b: 3 kids, 14 years, 12, and 8 

 

family c : 3 kids, ages 9,7 and 5

 

family d: 2 kids, 8 years and 6 months

 

 

another question: can someone with over 200k can sponsor everyone? This person has 5 total members of his own. Sponsored 4 ppl already as well. And our family members are total 18

 

 

[appleblossom 3,619]

  On 10/22/2024 at 6:36 PM, MSSF said:

Family A: almost over 18 and 24. But when petition was filed, they were 2 and 8 years old. Priority date 2010

 

 

 

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The older one may have aged out already then, so wouldn't be included. When was the I-130 approved?

 

The person that earns $200k may be ok as a joint sponsor, but it depends on how many of those previous 4 people they're still responsible for and if the 5 family members are also counted. You'd need to work out the exact number of people and then crunch the numbers. https://www.uscis.gov/i-864p