Separate I-864 for husband AND daughter?

[cranberryshades 0]

Hello, I'm a US citizen married to a British citizen, we have one child who is a British citizen as well (I never did "Report Birth Abroad").

We have JUST decided to stay in the US instead of returning abroad and I'm trying to file their i-130/i-485 and am really confused about the i-864.

Please help me by answering the following questions:

1. Do I fill out two copies of the i-864 (one for each)? Or do I declare both of them on one form?

2. Since we just decided to stay, I've decided to work with my dad's travel agency...what kind of documentation do I need to prove this?

3. I have savings and assets (in Gold), how can I use these to further establish financial support?

4. I worked abroad for the last four years and have my taxes from the last two years that shows a (combined)income of $65,000...will this help my case?

If there's any advice you can offer in addition to answers, I'd really appreciate it.

[Harpa Timsah 13,258]

Your daughter cannot do the I-130/I-485 because she has a claim to US Citizenship. If you lived in the US for 5 years and at least 2 after the age of 14, she is a US Citizen through blood from you. You will have to do a different process for her (get a passport, but you might want to get other documents to prove her US Citizenship).

Your husband will get one I-864 and you will count everyone there in your household (you, daughter, husband) and whoever else.

Income abroad will not count. You can prove assets with statements from the bodies that hold them. Current income is what counts, but with a job you just started you may have trouble getting approved. If your assets don't cover it, I would get a co-sponsor. Good luck.

[cranberryshades 0]

Thanks for your prompt reply!

They are both on visa waiver program but it expires on 10/4, do you think it will be ok for them to stay if I send off everything I have?

I have savings in the bank and gold, how shall I show these?

[Harpa Timsah 13,258]

Savings in the bank is shown by bank statements, I am not sure how gold would be shown, but you must have some sort a valuation or appraisal, you can show that. You will need 3 times the yearly required salary, so you will need around $60,000 to qualify based on assets.

Once the AOS application is accepted for initial review, the alien begins a new period of authorized stay. I would make a good package, not just send off everything you have. If you are not prepared, it can lead to denial, if you are not able to supply them with something they need.

Your daughter is a USC and needs to get a US passport and claim her citizenship. She cannot do AOS. In fact, she should have never entered on or used the VWP.

[Hypnos 6,576]

A US citizen entering on a foreign passport could well be a problem.

You might want to have a consultation with an immigration attorney to see how to proceed in light of that fact.

[AnotherLostSoul 167]

A US citizen entering on a foreign passport could well be a problem.

You might want to have a consultation with an immigration attorney to see how to proceed in light of that fact.

How old is your daughter currently?

[cranberryshades 0]

She's four. We visit every summer and I'm truly surprised cause no one has told us at immigration at the airport...

[cranberryshades 0]

Right now we're living with my parents, if I get a co- sponsor how much money do they have to earn??? I have very little time (my stupidity) so any help is SINCERELY appreciated.

[cranberryshades 0]

Does anyone know what I should do for my daughter????

[GreenTrain 1]

I guess you should do separate applications:

AOS for spouse

Citizenship for daughter

[Newbie608 103]

Fill out Form N-600 for your daughter and AOS packet for your husband. Forms incl (I-130, I-485, I-765, I-864, I-693,G-325a)

[DandT14 272]

You might try asking about your daughter in a different forum. Maybe general immigration? I don't know if you need to apply for citizenship because I think she already is a USC. You need a passport for her. But, you also screwed up by using the VWP for her, I think. I'm just guessing here. I think you'll get better answers in the other forum. Good luck.

[cranberryshades 0]

FYI: My daughter got her US passport through simply applying for the passport -went down to city hall and submitted originalsof her birth certificate, my passport and a copy of my husband and my marriage licence.

Just in case anyone finds themselves in the same predicament (no one was able to give me concrete info, the people at USCIS directed us to the state dept where the clerk had less info than we did):

I never filed a "report birth abroad" for her (she is, by birth a British citizen) and we travelled to the US on her British passport under the visa waiver. From her case, the passport people informed me that aslong as the child has travelled to the US with one US citizen parent they are eligible for the US passport.

The only other thing I needed was proof of where I'd lived prior to her birth in a notarized letter with evidence (HS/College transcripts, driver's licence, hospital bill, etc).

Saved me a LOT of money!

Edited December 18, 2012 by cranberryshades

[Hypnos 6,576]

You made a copy of your husband? Those 3D printers are really coming along now.

[cranberryshades 0]

You made a copy of your husband? Those 3D printers are really coming along now.

Well played, Hypnos, well played.