DCF in Holland

[lainie 0]

It was suggested i posted this here ....

I've got a question relating to Part 3 (Information on the Immigrant(s) You are Sponsoring) on the I-864 form. My question is about Part 3 where there is a box at the bottom of the page where it is asked that you "list any spouse and/or children immigrating with the immigrant named above in this Part."

First I'll give a little background info to help with why I'm asking about this. I'm a US citizen and my husband is Dutch and we reside now in the Netherlands. We're going through DCF so he can get a visa so we can move to the US. I am his sponsor and we also have a joint-sponsor who is my mom living in the US

On to my question, because we live in the Netherlands now, would my co-sponsor have put my name in the box in Part 3 as a spouse immigrating with my husband to the US??

Even though I'm a US citizen, I assumed technically I'm "immigrating" back to the US, with him. This section (Part 3) is integral to answering Part 4B Sponsor's Household Size so I thought I should ask first. But for our joint-sponsor, it seems I should be written in because when we move to the US, we will be temporarily staying with my parents for a couple weeks till we get a house), thus should I be counted as an immigrant in Part 3 ??so that I'm counted in Part 4B for joint -sponsors household size? If they do not add me here, where should I be listed or do I go on their I-864 at all??

So, do I belong at all in the box in Part 3 as a U.S. citizen wife "immigrating back to America" on mine and/or my joint sponsors I-864 forms?

confused-

Lainie

[Chica Yeyé 41]

oh my - I don't know but I'll bump the thread!

[Ahmed N Cheryl 0]

I do not think if you are a US Citizen you are immigrating with him you are just returning to US at same time he is immigrating.

[Ahmed N Cheryl 0]

The instructions of the I-864 reads as follows:

The petitioning sponsor must sign and complete Form I-864, even if a joint sponsor also submits an I-864 to meet the income requirement.

The list below identifies who must becomesponsors by completing and signing a Form I-864.

Who Completes and Signs Form I-864?

The U.S. citizen or lawful permanent resident who filed aForm I-130 for a family member, Form I-129F for afiance(e), or Form I-600 or I-600A for an orphan

So my opinion is if you are still a US Citizen and you sponsored him with a co-sponsor then you sign the I-864 and do not list yourself as immigrating with him if you are indeed a US Citizen with a US passport.

Hopes it helps.

[Ahmed N Cheryl 0]

Here is even more info:

Part 4: Information on the Sponsor.

15. Country of Domicile. This question is asking you to indicate the country where you maintain your principal residence and where you plan to reside for the foreseeable future. If your mailing address and/or place of residence is not in the United States, but your country of domicile is the United States, you must attach a written explanation and documentary evidence indicating how you meet the domicile requirement. If you are not currently living in the United States, you may meet the domicile requirement if you can submit evidence to establish that any of the following conditions apply:

A. You are employed by a certain organization.

Some individuals employed overseas are automatically considered to be domiciled in the United States because of the nature of their employment. The qualifying types of employment are on the instructions form of I-864. (too many to copy)

B. You are living abroad temporarily. If you are not currently living in the United States, you must show that your trip abroad is temporary and that you have maintained your domicile in the United States. You can show this by providing proof of your voting record in the United States, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States. Other proof could be evidence that you are a student studying abroad or that a foreign government has authorized a temporary stay.

C. You intend in good faith to reestablish your domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. You must submit proof that you have taken concrete steps to establish you will be domiciled in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools. Please attach proof of the steps you have taken to establish domicile as described above.

If you still have doubts are questions you can contact them:

For more information about Form I-864, or to obtain related forms please contact:

The USCIS website (www.uscis.gov);

The National Customer Service Center (NCSC) telephone line at 1-800-375-5283 TTY: (1-800-767-1833)

Good Luck with your journey.

[lainie 0]

Thanks for the speedy replies!

Phew ok if I don't belong in the boxes on part three of my co-sponsors I-864 where does she add me? I do not live there currently nor can she claim me as her dependant, does she add me to the household size at all? if so which line?

Sorry if I am asking questions that have probably already been answered!

I do have to find a way to prove domicile. I was thinking I do still have a bank account open in the states, and I do receive statements at her address so could I attach a few of those along with maybe a letter of some type of 'lease agreement' between my mother and us?

[lainie 0]

Thanks for the speedy replies!

Phew ok if I don't belong in the boxes on part three of my co-sponsors I-864 where does she add me? I do not live there currently nor can she claim me as her dependant, does she add me to the household size at all? if so which line?

Sorry if I am asking questions that have probably already been answered!

I do have to find a way to prove domicile. I was thinking I do still have a bank account open in the states, and I do receive statements at her address so could I attach a few of those along with maybe a letter of some type of 'lease agreement' between my mother and us?

Anyone??

[MargotDarko 0]

The USC is not included in the joint sponsor's household unless you are a dependent of the joint sponsor. So in your case, you are NOT included in the joint sponsor's household on the I-864.

[lainie 0]

The USC is not included in the joint sponsor's household unless you are a dependent of the joint sponsor. So in your case, you are NOT included in the joint sponsor's household on the I-864.

Whew what a relief, now that's one less person for household size!

I do have one more question about the I864 and the I864A....my stepfather will need to fill out an I864 as I do not have enough income to support my husband, I am also having my mother fill out the I864A as I would like to use her income. On part 2 of the form there is the "Sponsors Promise", do I fill that out or does my step father?? I would think my stepfather does because he is in the same household as my mother?? am I correct ?? That would also effect how she fills out the "Relationship to Sponsor" does she say Parent or Spouse?