Confusion regarding our daughter.

[Kammo 2]

I hope reading this does not make your head spin as much as it is mine!

The facts:

My husband (USC) and I have a daughter between us. She obtained her USC (Consular report of a birth abroad) last year.

I'm not entirely certain on this, however, I would assume that "legally" she resides with me in Canada (although she does spends half the time with her dad in the US).

We dont have a custody agreement as we are intending to be together.

This question has been bothering me for sometime...

On the forms we are filling out (specifically i-864, and DS-260 stages), how do we list her?

She can't considered an immigrant, right, so what is she then? She will be moving to the US at such time when I am approved, but as what?

My husband only put me on his i-864 as immigrating is this the correct course of action?

On the DS-260, it will ask to list all children and who will be immigrating. If I don't list her wont it look like she will not be moving with me? *head spins*

On a side note to my confusion, I found out my husband claimed her on his taxes this last year. Does that legally mean that she lives with him?

We did not discuss our tax stuff at the time since we couldn't file together, though I wish we would have. I claimed her on MY taxes as well, not even thinking twice about it.

I filed as separated.

Does anyone have a similar situation and can offer sound advice? I guess there are really two questions here...

[LIFE'SJOURNEY 970]

The daughter is a USC, therefore she is not a immigrate, and since she already resides in the US part-time, she would not be listed as moving with you. But she is listed as a dependent on the 864 finance form.

[Done--Really 331]

And if you were married at the end of last year, it may be advantageous to refile US taxes as married filing jointly. It is an option that you have to opt into when living in separate countries, but very easy to do if it means bigger refunds in total--it almost always works that way. Read IRS document 519

www.irs.gov/pub/irs-pdf/p519.pdf

[Darnell 8,478]

i say list her as part of dad's household on the I-864.

[Kammo 2]

Hello again,

Specifically on the DS-230 is the following question:

"31a. Person(s) named in 14 and 29 who will accompany you to the United States now."

My daughter will be listed as in 29 and WILL "accompany me" to the US if approved, however she will not be immigrating.

So, do I leave this blank or put her name in?

Another question (29) asks me to list her name, DOB, place of birth and address (if different than my own)...

Would I put her dad's in or just leave it blank?

What it comes down to is wanting to do things the legal and honest way, but not really knowing which answer is correct.

[Done--Really 331]

The form is asking who will be IMMIGRATING with you--she is not immigrating, so don't list it in the section. Use his address.