Need help, I-864EZ or I-864?

[sunshine18 0]

I am preparing for I-864 and I need some advice from you. I am planning to file I-864EZ because I am using my income only to sponsor my hubby. However, his son was listed on I-130 in the children section but he is not immigrating to the States. Can I still use I-864EZ? Because on I-864EZ, in the "Who May Use Form I-864EZ" section, it says "The relative you are sponsoring is the only person listed on the Form I-130 petition. I don't know if that applies to my situation, since his son is listed on I-130, though I am not sponsoring him. I would like to know if there is any VJ memBers who successfully used I-864EZ even iwith their spouse's child listed on I-130.Thank you in advance for your reply.

[YuAndDan 153]

Yes you can still use I-864EZ, because you are sponsoring only one immigrant at this time.

From the actual I-864EZ form.

The sponsored immigrant is the only person immigrating based on the underlying visa petition.

So, yes you may have noted their children on the I-130 but they are not immigrating, I-130 has no derivative status for children, in order for them to immigrate they need a separate I-130 filed for them.

[sunshine18 0]

Yes you can still use I-864EZ, because you are sponsoring only one immigrant at this time.

From the actual I-864EZ form.

The sponsored immigrant is the only person immigrating based on the underlying visa petition.

So, yes you may have noted their children on the I-130 but they are not immigrating, I-130 has no derivative status for children, in order for them to immigrate they need a separate I-130 filed for them.

Hi YuAndDan, thank you so much for your reply!!

[Daveed 0]

Yes you can still use I-864EZ, because you are sponsoring only one immigrant at this time.

From the actual I-864EZ form.

The sponsored immigrant is the only person immigrating based on the underlying visa petition.

So, yes you may have noted their children on the I-130 but they are not immigrating, I-130 has no derivative status for children, in order for them to immigrate they need a separate I-130 filed for them.

Hi YuAndDan, thank you so much for your reply!!

I would really recommend that you attach a note to the I-864EZ that specifically states that his son is not immigrating with the father at this time.

[sunshine18 0]

Yes you can still use I-864EZ, because you are sponsoring only one immigrant at this time.

From the actual I-864EZ form.

The sponsored immigrant is the only person immigrating based on the underlying visa petition.

So, yes you may have noted their children on the I-130 but they are not immigrating, I-130 has no derivative status for children, in order for them to immigrate they need a separate I-130 filed for them.

Hi YuAndDan, thank you so much for your reply!!

I would really recommend that you attach a note to the I-864EZ that specifically states that his son is not immigrating with the father at this time.

Thanks, Daveed. I will do that.

[coolgt 0]

even though his son is list. but his son is not immigate.

so you are safe to send to send in i864.

[Lucy Keeling 0]

Yes you can still use I-864EZ, because you are sponsoring only one immigrant at this time.

From the actual I-864EZ form.

The sponsored immigrant is the only person immigrating based on the underlying visa petition.

So, yes you may have noted their children on the I-130 but they are not immigrating, I-130 has no derivative status for children, in order for them to immigrate they need a separate I-130 filed for them.

YuAndDan, so we can not use I-864EZ since my husband is sponsoring both of me and my daughter and we have our seperate I-130 ? Thanks for your help.

Lucy