I-864EZ

[Cookie88 112]

We are 3 people immigrating on separate visa applications - CR1, CR2 x 2

 

My husband earns above the federal poverty guidelines for a household size of 4 people (if you include us 3 and him). So no need for joint sponsor. 

 

Does he qualify for the I-864EZ? I am getting mixed responses on whether or not we qualify because of the stepchildren immigrating too. I thought the rule was he can't if he's sponsoring derivatives immigrating together, but they are not derivatives. We each have our own individual cases going on at the NVC stage. 

Edited yesterday at 11:35 AM by Cookie88

[JeanneAdil 6,698]

i will admit that the I 864 EZ instructions are confusing as the children have their own I 130 petitions but the instructions say (is not the only person immigrating based upon the underlying visa petition) and they are listed on the spouse petition/ i am sure others with expert knowledge will chime in to answer u . 

Do not use Form I-864EZ if any of the following conditions apply. Instead, you must complete and submit Form I-864. 1. The relative you are sponsoring is not the only person immigrating based upon the underlying visa petition

Edited yesterday at 01:08 PM by JeanneAdil

[nastra30 2,427]

2 hours ago, Cookie88 said:

We are 3 people immigrating on separate visa applications - CR1, CR2 x 2

Are the CR2s his children? How old are they?

[Cookie88 112]

Thank you for your input @JeanneAdil.

 

I have a second question too. With regards to our situation above, is the household size going to be 

1 - person on this affidavit (spouse)

1 - yourself (sponsor)

2 - dependent children (with their own CR2's in process simultaneously)

4 - total

 

Do we count the 2 children with CR2's in process under dependent children (they were not claimed during tax filing). 

 

And with that, would each child's household size be listed as:

1 - person on this affidavit (child with CR2)

1 - yourself (sponsor)

1 - spouse (CR1)

1 - dependent children (second child with CR2)

4 - total

 

?? 

 

I am getting confused. I am going to take the liberty of asking @pushbrk for his very clear and direct input! 

1 minute ago, nastra30 said:

Are the CR2s his children? How old are they?

Stepchildren. They're both under 10.

[pushbrk 13,176]

11 hours ago, Cookie88 said:

We are 3 people immigrating on separate visa applications - CR1, CR2 x 2

 

My husband earns above the federal poverty guidelines for a household size of 4 people (if you include us 3 and him). So no need for joint sponsor. 

 

Does he qualify for the I-864EZ? I am getting mixed responses on whether or not we qualify because of the stepchildren immigrating too. I thought the rule was he can't if he's sponsoring derivatives immigrating together, but they are not derivatives. We each have our own individual cases going on at the NVC stage. 

First, when properly completed there is never a 1 person household because the sponsor is also counted.  Always use an Adobe product to complete any USCIS form.

 

Your children are not derivatives but, my advise is not to use the EZ version.  It's always ok to use the full version.

 

If you want to have the household size properly computed on the form, the count the two children as Other Dependents, on the wife's form, then count the wife on each child on each child's form, and the other child as 1 other dependent on each child's form.  That way, all forms will show a total household of 4.

[Cookie88 112]

Thank you! Yes, I had my husband start filling out the regular I-864 after my last post on this thread. I figured it was better to be safer than sorry with a potential RFE. 

 

Thank you for clarifying household size. I read so many things online on how my I-864 would only show 2 people, myself and my husband sponsoring me. And the children's I-864's would only show 3 people - my husband, myself, and the one child. It was beyond me what the logic was for calculating that way and not having all 4 of us in each I-864. Thank you for clarifying that each form SHOULD have a total of 4 after filling in respective boxes depending on principal applicant.