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FAQ

How should a petitioner fill in Part 5 Household Size of the form I-864 Affidavit of support if he would like to sponsor 2 principal immigrants at the same time? Each family has 4 members.
Each principal beneficiary (and their family) is petitioned with a separate I-130 petition, and each I-130 petition has a separate I-864 Affidavit of Support. Each family’s I-864 does not count the other family in the “family members” in Part 3 (note that it says “Do not include any relative listed on a separate visa petition.”).If the two I-864s are filed at the same time for the two families, then each family’s I-864’s household size (Part 5) would just count the number of people immigrating in that family, which is 4 (item 1), the petitioner (item 2), and the petitioner’s spouse (item 3), dependent children (item 4), and other tax dependents (item 5), if there are any. It would not count anyone from the other family.On the other hand, if one I-864 is filed for one family, and that family has already immigrated before the second I-864 is filed for the other family, then the first family’s members will need to be counted in Part 5 item 6 (people sponsored on Form I-864 who are now lawful permanent residents) for the second family’s I-864.
Does my wife need to file ‘Form I-864’ (affidavit of support)? She has her self-petition EB1A petition approved. She is applying for her change of status.
No.An I-864 Affidavit of Support is not needed for Adjustment of Status in an employment-based category unless the petitioning business is 5% or more owned by the applicant’s family. Since this petition was not filed by a business, an I-864 Affidavit of Support is not needed.
How do I fill out Form B under the Insolvency and Bankruptcy code? Does the affidavit require a stamp paper?
Affidavit is always on stamp paper
When filling out form I-864 for a Fiance(e) Visa, what is the difference between doing (1) co-sponsorship and (2) including a house member in co-payment of the minimum financial requirement (i.e., attaching the form I-864a to I-864)?
You don't do I-864 for a fiance visa. You do an I-134.
Is it mandatory to bring the I-864 (Affidavit support) and federal income tax to the visa interview for the F1 family case?
Step 5: Collect Supporting DocumentsYes. See step 5. If there are no supporting documents when you are interviewed, you probably cannot be approved. (This would not be the case, of course, if your affidavit of support was made by someone well known to be sufficiently wealthy by the Consulate staff. This is something that applicants often believe, it is rarely true.)
What are the process and fees for the K-1 visa?
Steps to Bringing your Fiancé to the US through the K-1 VisaStep 1: File a petition with the USCIS on behalf of your FiancéYou, the US citizen, must file the Petition for Alien Fiancé (Form I-129F) with your local U.S. Citizenship and Immigration Services (USCIS) office.Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.Step 2: The fiancés obtain a visa at a US consulate at his/her home countryAfter the USCIS approves the petition, it sends the petition to the embassy or consulate where your fiancé will apply for a K-1 non-immigrant visa. Once approved he/she will get a visa stamped on their passport and will be ready to come to the United States.Step 3: Entering the United StatesAfter getting the fiancé visa, your fiancé enters the United States through a U.S. immigration port-of-entry. The U.S. immigration official gives your fiancé instructions on what to do at the port of entry.Step 4: Get Social Security NumberYour fiancé can apply for a social security number card. There are many advantages of having a social security number card the sooner the better.A permanent resident of the United States needs a Social Security number to:Work in the United StatesConduct business with a bank or financial institutionPay taxes or to be claimed on a tax returnAnd for other purposes not listed.Step 5: Get MarriedAs per the Condition of the K-1 Visa you and your fiancé must get married within 90 days of his/her arrival.Step 6: Apply for Permanent Residency (Green Card) by Filing Adjustment of Status (AOS/I-485)If your spouse plans to work and stay in the US, after marriage, he/she must file Form I-485 Application to register as a permanent residence or to adjust status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR).Step 7: Remove Conditions on Permanent Status for Your New SpouseThe permanent residence you have received through this marriage is conditional, which means your new spouse's green card will expire in 2 years. You'll have to file the I-751 petition in order to remove this conditional status.Required Documents of the Sponsor for K-1 PetitionDocuments Required of the United States citizen who is petitioning his/her fiance to come and live in the U.S. The following needs to be provided at the USCIS field office when filing for a petition.Form I-129F Petition for Alien FianceIf your fiance has unmarried children who are under 21, they are eligible to accompany your fiance, but only if they are listed on this form.Evidence of Your U.S. CitizenshipYour original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)2 G-325A Forms Biographic Data SheetsCompleted and signed G-325A Forms, one with your information and one with your fiance's.Colour Photos of You and Your FianceOne colour photo of you and one of your fiance taken within 30 days of filingPrior Marriage Nullification DocumentsA copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiance have been previously married.Permission to MarryProof of permission to marry if you or your fiance are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)Required Documents For K-1 Visa ApplicationThe following documents should be provided by your fiancé to the US consulate in his/her home country while applying for the K-1 Visa.A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.Valid Birth certificateIf applicable, divorce or death certificate of any previous spouse for both the applicant and the petitionerPolice certificate from all places lived since age 16Medical examination (vaccinations are optional, see below)Evidence of financial support - Form I-134 Affidavit of Support may be requested. (Should be sent by American sponsor.)Two Non-immigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)One Non-immigrant FiancéVisa Application, Form DS-156KTwo nonimmigrant visa photos(every two inches 50 X 50 mm square, showing full face, against a light background)Evidence of a fiance relationship - i.e. photos of engagement.Payment of feesThe consular section at the embassy or consulate where you, the fiancé of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfil to complete your visa application, such as where you need to go for the required medical examination.Note: The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.Tips: Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.Where Should I File the Petition?If you are filing for your fiancé, file this petition at the Service Center with jurisdiction over your area of residence.If you are filing for your fiancé and live outside the United States, submit this petition to the Service Center with jurisdiction over your last place of residence in the U.S.If you are a U.S. citizen and are using this form to bring in your wife or unmarried child under the LIFE Act, file this petition at:U.S. Citizenship and Immigration ServicesP.O. Box 7218Chicago, IL 60680-7218Vaccination RequirementsAll applicants for immigrant visas are required to have the following vaccinations (if appropriate for age, medical condition, or medical history):MumpsMeaslesRubellaPolioTetanus and diphtheria toxoidsPertussisInfluenza type BHepatitis BVaricellaPneumococcalNote: As a fiancé, you are not required to fulfil this requirement at the time of your medical examination for a fiance visa. However, you may want to do so. These vaccinations are required when you adjust status to a permanent residence following your marriage.Fees - How much will it cost?Fees are charged for the following services:Filing an Alien Fiance Petition, Form I-129F - $535USDFiling I-130 - $535USDMedical examination (costs vary from post to post)Fingerprinting fees (if required)Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.).Filing Form I-485 Application to Register Permanent Residence or to Adjust Status$1,140 plus $85 biometric fee for a total of $1,225 if you are 14 years of age or older. If you are under 14 years of age and are filing with the I-485 application of at least one parent have a fee total of $750, if not filing with the I-485 application of at least one parent have a fee total of $1,140. If you are 79 years of age or older, the fee is $1,140 with no biometrics services fee.If applicable, $595USD plus $85 for Biometrics for Petition to Remove the Conditions on Residence