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I-864 #8 if I am the only sponsor of only one immigrant (the principal immigrant) - confusion with USCIS instructions...

Washington, DC |

My wife is the only immigrant, and I am her only sponsor.

USCIS has step-by-step instructions for this form:
8. Indicate whether you are sponsoring the principal immigrant listed in item 2 in this Form I-864. This only applies to cases with two joint sponsors. Check "No" only if you are sponsoring only intended immigrants listed in 9 and not the principal immigrant listed in item 2.

This implies that I should NOT check the box next to "I am sponsoring the principal immigrant named in Part 2 above." and I should NOT check "Yes" NOR "No". In other words, I leave Part 3 blank? And I similarly write nothing for "Total number of immigrants you are sponsoring" there?
It seems a little strange (since I AM sponsoring the principal immigrant), so I was hoping for clarification?

Thank you!

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Attorney answers 3

Posted

Hello,

The affidavit of support form is a very complex and confusing form, as you are discovering. However, I believe your confusion with page one, part 3, item 8 is that the "applies to cases with two joint sponsors" is applicable only to a "no" answer, not to the entire question.

Thus, a petitioner filing for his/her relative generally would mark "yes" since that person is sponsoring the principal immigrant. (A co-sponsor who may be sponsoring someone else's child, but not the child's parent would be a scenario for the "no" answer.)

Certainly, it can be helpful to have the assistance of a licensed, experienced immigration attorney to ensure forms are completed properly and that there is sufficient supporting documentation. Mistakes are easy to make, and can result in very serious consequences, including denial and referral for removal (deportation) proceedings.

If you need assistance locating experienced immigration attorneys, you can look here on Avvo, at www.aila.org, www.ImmigrationLawHelp.org, or http://www.justice.gov/eoir/probono/states.htm.

Best wishes,
Jennifer

Ms. Doerrie's answer to your question is general in nature, as not all facts and circumstances relating to the specific person(s) and situations involved are known to her. Ms. Doerrie recommends consulting with an immigration attorney regarding your specific facts and circumstances prior to making any legal decision or submitting any form or application. This response does not create an attorney/client relationship.

Posted

Perhaps you should have someone help prepare the form.

Posted

I agree with Atty Doerrie.

Please see

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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