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Difficult Question re I-864 and I-864A

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  • Difficult Question re I-864 and I-864A

    Seven years ago sponsored my wife's daughter and she received a green card. She was, by Imm law, my daughter since she was under 18 years old. Both of our incomes were used when filing the paperwork. She does not live with us now.

    Now, we are filing for a green card for another one of her daughters. My wife - a citizen now - is her sponsor. Again, both of our incomes will be used.

    My question is this:

    Since we are both legally obligated for the first daughter and we will both be legally obligated for the second daughter, how are these obligations entered in the paperwork. There are a total of four obligations but no one is to be counted twice. So, should she enter this daughter on the I-864 and I enter the first daughter on my I-864A? Then, we should just not enter our total number of obligations, only one each? This seems to be the way to do it.

    Has anyone else been through this situation?

    Any help would be greatly appreciated.

    My regards to all.

  • #2
    Note that the Affidavit of Support obligations end when the immigrant becomes a citizen or has earned 40 quarters of Social Security credits (earned by the person, plus the person's spouse during the period of marriage, plus the person's parents while under 18). There is a good chance that your obligations for your step-daughter has already ended (e.g. if the step-daughter has become a citizen, either through naturalization on her own or through your wife's naturalization while she was under 18).

    The household size is calculated on your wife's I-864. Your I-864A is just for adding your income.

    If the obligations for the first daughter have ended, and the first daughter is no longer a dependent child, then your wife's I-864 part 5 will look like:#1: 1 (the immigrant, the second daughter)
    #2: 1 (the sponsor, your wife)
    #3: 1 (sponsor's spouse, you)
    for a total of 3.

    If the first daughter is still a dependent child, then your wife's I-864 part 5 will look like:
    #1: 1 (the immigrant, the second daughter)
    #2: 1 (the sponsor, your wife)
    #3: 1 (sponsor's spouse, you)
    #4: 1 (dependent children, the first daughter)
    for a total of 4.

    If the first daughter is not a dependent child anymore but the obligations for her have not ended, then your wife's I-864 part 5 will look like:
    #1: 1 (the immigrant, the second daughter)
    #2: 1 (the sponsor, your wife)
    #3: 1 (sponsor's spouse, you)
    #6: 1 (people who have been sponsored before, the first daughter)
    for a total of 4.

    This is my personal opinion and is not to be construed as legal advice.

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