HELP with filling out i-864

[Know_Ledge 6]

Hello All,

Here's a little background on my case. I'm married to a USC, he has 3 kids and I have 1(she was born in the US a few months ago). My joint sponsor is filling out the I-864. On part 3 of the form, it asks if the sponsor is sponsoring the principal immigrant only(me) and/or sponsoring the following family members immigrating at the same time or within six months of the principal immigrant. My question is:

Since my daughter is a USC, is she considered to be immigrating with me or should my joint sponsor check this too, since she may be considered a dependent.

As you can see, I'm not too clear on this, HELP PLEASE.

Thanks in advance

[Inky 1,111]

A USC that is moving back to the USA is not an immigrant because they enter the US on a US passport. They do not get an immigrant visa to move back to the USA.

[gigi_a 0]

Your child was born in the US so she is already a citizen (not immigrating with you). Your hubby,however, has to still be able to meet the 125% of poverty guideline for a 5 member family but as far as a second sponsor is concerned, you are the only immigrant!

Good luck!

[Know_Ledge 6]

A USC that is moving back to the USA is not an immigrant because they enter the US on a US passport. They do not get an immigrant visa to move back to the USA.

Thanks for your reply, it really helped but I think my post wasn't too clear. My daughter was born here 9 months ago and never left, sorry I wasn't clear and thanks again :-)

[Know_Ledge 6]

Your child was born in the US so she is already a citizen (not immigrating with you). Your hubby,however, has to still be able to meet the 125% of poverty guideline for a 5 member family but as far as a second sponsor is concerned, you are the only immigrant!

Good luck!

Thanks for clearing this up. How did u count the 5? Was it him, myself and his 3 kids? Are u saying that USCIS is not concerned with my daughter who is a USC?

He doesn't meet the poverty guidlines, so that's where the joint sponsor comes in. Sorry for being such a nag

[Inky 1,111]

Thanks for your reply, it really helped but I think my post wasn't too clear. My daughter was born here 9 months ago and never left, sorry I wasn't clear and thanks again :-)

If she was born in the US as you state and her father is a USC. She is a USC. You need to file for her US passport.

If she was born in your country and has a parent that is a USC you need to file CRBA and then apply for a US passport for the child.

[Know_Ledge 6]

If she was born in the US as you state and her father is a USC. She is a USC. You need to file for her US passport.

If she was born in your country and has a parent that is a USC you need to file CRBA and then apply for a US passport for the child.

Thanks for the info, greatly appreciated :-)

[VanessaTony 3,567]

Here's a little background on my case. I'm married to a USC, he has 3 kids and I have 1(she was born in the US a few months ago). My joint sponsor is filling out the I-864. On part 3 of the form, it asks if the sponsor is sponsoring the principal immigrant only(me) and/or sponsoring the following family members immigrating at the same time or within six months of the principal immigrant. My question is:

Since my daughter is a USC, is she considered to be immigrating with me or should my joint sponsor check this too, since she may be considered a dependent.

As you can see, I'm not too clear on this, HELP PLEASE.

The joint-sponsor is only sponsoring you PLUS their household size.

You refer to your child as "yours" and not as "yours and his" so in the "he has 3 kids" does that include your child? Or does that not include your child? Your husband sponsor you, himself, and all his kids.

As a side note if the child that is "yours" is not his, then you may have issues come AOS time. It depends on how long you've been together and your circumstances of arrival to the US (meaning if you cheated on him, or if you only started your relationship after having a kid here it could look like immigration fraud).