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Affidavit of Support for my Wife (filling out i-485)

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  • Affidavit of Support for my Wife (filling out i-485)

    Hello,

    I'm filling out the paperwork for Adjustment of status for my wife (i-485). She had come to the U.S on a K1 fiance visa. I have a question in regards to filling out the affidavit of support: I-864.
    The form asks for family member details:

    My wife has a 6 year old daughter that also traveled with her to live with me, however she was born in the United States and is therefore a citizen. My thinking is she still needs to be included in Part 3 and that I need to list her as her daughter. Then in question #28 on page 3 where it says "Enter the total number of immigrants you are sponsoring on this affidavit. I entered 2 (1 for my wife plus 1 for her daughter). Is this correct?

    My other more pressing question is section 5 where it asks for Sponsor's Household size.
    #1 is automatically getting populated with the number I had entered in question #28 on page 3 with "2" (1 for my wife plus 1 for her daughter)
    # 2 says "Yourself" and is automatically populated with 1
    # 3 under this section asks "If you are currently married enter "1" for your spouse". My wife is the person I am sponsoring, so should I leave this blank or do I need to enter 1 here? The issue is if I enter 1 it makes my household size 4 which I don't think is correct. My household size should be 3 (1 for myself, 1 for my sponsored wife, and 1 for her daughter)

    What is the proper way to fill this out?

  • #2
    Originally posted by kewltidus View Post
    Hello,

    I'm filling out the paperwork for Adjustment of status for my wife (i-485). She had come to the U.S on a K1 fiance visa. I have a question in regards to filling out the affidavit of support: I-864.
    The form asks for family member details:

    My wife has a 6 year old daughter that also traveled with her to live with me, however she was born in the United States and is therefore a citizen. My thinking is she still needs to be included in Part 3 and that I need to list her as her daughter. Then in question #28 on page 3 where it says "Enter the total number of immigrants you are sponsoring on this affidavit. I entered 2 (1 for my wife plus 1 for her daughter). Is this correct?
    That's not correct. Part 3 #2-27 are about derivative beneficiaries. Your wife's daughter is not her derivative beneficiary -- she is not immigrating. Part 3 #2 should not be checked and Part 3 #28 should be 1.

    Originally posted by kewltidus View Post
    My other more pressing question is section 5 where it asks for Sponsor's Household size.
    #1 is automatically getting populated with the number I had entered in question #28 on page 3 with "2" (1 for my wife plus 1 for her daughter)
    # 2 says "Yourself" and is automatically populated with 1
    # 3 under this section asks "If you are currently married enter "1" for your spouse". My wife is the person I am sponsoring, so should I leave this blank or do I need to enter 1 here? The issue is if I enter 1 it makes my household size 4 which I don't think is correct. My household size should be 3 (1 for myself, 1 for my sponsored wife, and 1 for her daughter)

    What is the proper way to fill this out?
    #1 will be 1, #2 will be 1, #3 should be blank, #4 (dependent children) is the place where your wife's daughter may potentially be counted

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

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