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How to properly fill in Part 5 of I-864 Affidavit of Support?

Marlborough, MA |

In Part 5 referring to "Sponsor’s household size" there is a question that says:“Persons you are sponsoring in this affidavit” (enter the number you entered in line 7 of Part 3) which, of course, is 1. Then, “persons NOT sponsored in this affidavit” - “Yourself” is already filled in as “1”, then it says “If you are currently married enter “1” for your spouse”. Ok, so then when we are required to add up lines 1-7 for household number it equals 3, but it should be 2 (since the person my husband is sponsoring in this affidavit is me, his wife) It does say “DO NOT COUNT ANYONE TWICE”. So how do we fill in this section properly?

To be more specific, my question is: Do we need to leave Part 5. Q#3 "Enter 1 if this person is your spouse" blank in order for these parts to equal 2 for household size, or will they know that "1" represents the same person in Q#1 and Q#3? Thank you!

Attorney Answers 3

  1. Your household's size is two (2). The petitioning sponsor (the USC) and his spouse.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  2. Indeed, Your household's size is two (2). The petitioning sponsor, plus his spouse.

  3. That's correct: Don't count anyone twice. Thus, from your facts, the answer is 2


    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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