i-864 question

[Darren&Jess 0]

Hi, we have filed our i-130, looking at the other forms we have a question regarding 1-864. We have listed our children on the i-130 as required. I have children who dont live with me, my wife does too from a previous marriage. We are both (wife USC) living in Australia, Jess having spent the last 17 years here and is now a dual national. Our question is, NONE of our children are migrating. Hers wish to stay here with their dad, mine live with their mother. We are fine with the decision. But, as none of them are migrating (Jess' children do not hold US citizenship having been born here) what figure do we calculate our household size as being ? Will it be 2 ? (Just us) Us and Jess' children? All of us even though it ill physically just the 2 of us. There is about a $30k difference in 125% values.

Thanks

[aaron2020 11,651]

Jess's household includes herself, you, and her minor children. Minor children are always included.

[Darren&Jess 0]

And her step children ? They dont live with us

[Anh map 2,098]

Any minor child living anywhere in the world along with anyone claimed on the most recent year's US tax return are included in the household count along with the intending immigrant(s). Your kids are not included as they aren't coming along.

[NikLR 13,227]

And her step children ? They dont live with us

Who is the petitioner? You or Jess?

For the I-864 the petitioner must list the person immigrating and any minor children of the petitioner no matter where they live or if you support them financially. Minor children of the beneficiary would not be listed. If they are immigrating they would have their own I-130 and thus own I-864.

For instance my husband, the USC did not list my daughter as she stayed in Canada with her father.

[NikLR 13,227]

As a note, it would be very wise to get the USC children their citizenship before they become adults (18). This is done with a CRBA. http://travel.state.gov/content/passports/en/abroad/events-and-records/birth.html

http://canberra.usembassy.gov/report-birth-abroad.html

They are USCs.

[NikLR 13,227]

Also to note, foreign employment that will not be continuing after immigration can not be used towards the I-864. The petitioner will need assets, a US based job, or a joint sponsor.

[Darren&Jess 0]

HI all, and thanks for your responses.

We have actually emailed US Embassy in the end for clarification. According to IRS @ Paris Embassy (for foreign enquiries) NONE of Jess' children are listed as dependants in tax returns, as they have no social security number. Again to refresh: All have been born in Australia, none have any interest in claiming US citizenship (they're in their teens so have respected their wishes)

So will wait and see what information the Visa department comes up with.

Thanks

Darren & Jess

[Darren&Jess 0]

Also to note, foreign employment that will not be continuing after immigration can not be used towards the I-864. The petitioner will need assets, a US based job, or a joint sponsor.

We have letters of offer of employment for Jess. She is a nurse, has already obtained her NCLEX for licensing. We have a house and property there (was a wedding present) for assets and offers of joint sponsors if needed.

[aaron2020 11,651]

HI all, and thanks for your responses.

We have actually emailed US Embassy in the end for clarification. According to IRS @ Paris Embassy (for foreign enquiries) NONE of Jess' children are listed as dependants in tax returns, as they have no social security number. Again to refresh: All have been born in Australia, none have any interest in claiming US citizenship (they're in their teens so have respected their wishes)

So will wait and see what information the Visa department comes up with.

Thanks

Darren & Jess

Jess's kids are counted. Read the I-864 instructions. It doesn't matter if she does not claim them on her taxes. It doesn't matter if they are not claiming US citizenship. None of it matters. All minor children of the I-864 sponsor are counted.

[NikLR 13,227]

HI all, and thanks for your responses.

We have actually emailed US Embassy in the end for clarification. According to IRS @ Paris Embassy (for foreign enquiries) NONE of Jess' children are listed as dependants in tax returns, as they have no social security number. Again to refresh: All have been born in Australia, none have any interest in claiming US citizenship (they're in their teens so have respected their wishes)

So will wait and see what information the Visa department comes up with.

Thanks

Darren & Jess

It doesn't matter that they are not claimed on taxes or have no wish to obtain US citizenship at this time. They are counted on the I-864 as they are her minor children who have not yet reached the age of majority where they reside (or 21 if residing with the sponsor.)

We have letters of offer of employment for Jess. She is a nurse, has already obtained her NCLEX for licensing. We have a house and property there (was a wedding present) for assets and offers of joint sponsors if needed.

Offers of employment mean nothing, but it's great that you have them. They just aren't useful for the I-864. You can only use a home if it won't be or isn't a primary home (because selling an only home or vehicle is a hardship on the sponsor.) Joint sponsor offers are wonderful.