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Urgent: Filling I-864 for my wife and baby

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  • Urgent: Filling I-864 for my wife and baby

    Please I need help with filling I-864 form. We had a baby boy after we filed the I-130 i.e. I filed I-130 for my wife alone.

    Now we are at the NVC stage and I want to file the I-864 for my wife and also include our son. So my questions are:
    1. Do I need to fill two I-864 forms, one for my wife and the other for our son?
    2. In item 2 of Part 3. Information About the Immigrants You are Sponsoring,
    3. Do I tick the box that I'm sponsoring the following family members immigrating at the same time.... and then put my son's name in Family Member 1 ?

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      And in item 29, should I put 2 i.e. my wife and son?

    Thanks
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  • #2
    Are you a US citizen or a permanent resident?

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

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    • #3
      newacct I'm a permanent resident. My wife and son are outside the US

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      • #4
        So (as long as you are not going to become a US citizen soon) your wife is in the F2A category, and your son can immigrate as her derivative beneficiary (i.e. no separate I-130 needed). You need one I-864 per I-130, so since there is only one I-130, only one I-864 is needed. Since your son is a derivative beneficiary on this petition, what you described is correct -- you check Part 3 item 2, put your son's information in "Family Member 1", and Part 3 item 29 should be 2.

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

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        • #5
          Thank you newacct

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          • #6
            newacct Another follow up question, in Part 5 item 1: I entered 2, just like Part 3 item 29.
            I want to confirm that I won't need to fill any number in Part 5 item 4 as that would make the total 4 instead of 3. Is this correct?

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            • #7
              That's correct. You don't count anyone twice.

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

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              • #8
                thank you!!

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