Need Help with I-864

[diwanrayan 0]

Dear All,

I am stuck and don't know what to do, thus I need urgent help please. I am in process of filing immigration case as my wife is US Citizen.

Facts:

• Wife is Natural Born US Citizen
• She did not spend enough time to allow our kids to automatically gain US citizenship.
• Our application via I-130 has been approved.
• We have paid all fees and completed application forms
• My wife is residing with me since our marriage and she is a house wife
• We have four kids all less than 18 yrs of age.

Question(s):

• What category of i-864 do I need to fill for my kids and myself?
• What category of i-864 is required to be filled by joint sponsor?

[aleful 1,905]

hi

your wife will file an i864 for each of you and attach a letter explaining why wasn't she required to file taxes

the other person will file an i864 for each of you as well, and attach financial proof and proof of citizenship or being a LPR

[diwanrayan 0]

Please also add to Questions:

• Does the sponsor and joint sponsors need to fill separate forms for all family members?

[diwanrayan 0]

hi

your wife will file an i864 for each of you and attach a letter explaining why wasn't she required to file taxes

the other person will file an i864 for each of you as well, and attach financial proof and proof of citizenship or being a LPR

Thanks aleful. What will be the country of Domicile for my wife? US or Pakistan?

[kris&me 572]

Wife did not spend enough time for kids to be natural citizens? spend time where?

She is a natural born citizen any children born from her can have US citizenship

[aaron2020 11,651]

Correction. Your wife files I-864w for each of the children. The I-864 is waived for them since they will automatically become US citizens upon entering the US with immigrant visas.

Your wife files an I-864 for you. You and the children are included in her household.

Your Joint Sponsor files his own I-864 for you. Only you will be included (not your wife and not your children) in the JS's household.

She needs a US domicile or proof of the intent to establish one by the time you and the children enter the US.

Wife did not spend enough time for kids to be natural citizens? spend time where?

She is a natural born citizen any children born from her can have US citizenship

Her children would only be US citizens if she meets the physical presence requirement before their births and the OP has already stated that she does not. Google "is my child a US citizen" to learn about this requirement. Edited May 3, 2016 by aaron2020

[diwanrayan 0]

Wife did not spend enough time for kids to be natural citizens? spend time where?

She is a natural born citizen any children born from her can have US citizenship

INA 322 states

Another section of the Child Citizenship Act, INA Section 322, provides that a U.S. citizen parent (or, if deceased within five years, a citizen grandparent or legal guardian) may apply for naturalization on behalf of a child born abroad who has not acquired U.S. citizenship automatically under INA Section 320. U.S. Citizenship and Immigration Services will issue a Certificate of Citizenship to the child upon proof that the following conditions have been fulfilled:

• At least one parent of the child is a U.S. citizen by birth or naturalization;
• The U.S. citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, this requirement may be met through proof that the child's U.S. citizen grandparent has been physically present for such time.
• The child is under the age of eighteen;
• The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent;
• The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.

[diwanrayan 0]

Correction. Your wife files I-864w for each of the children. The I-864 is waived for them since they will automatically become US citizens upon entering the US with immigrant visas.

Your wife files an I-864 for you. You and the children are included in her household.

Your Joint Sponsor files his own I-864 for you. Only you will be included (not your wife and not your children) in the JS's household.

She needs a US domicile or proof of the intent to establish one by the time you and the children enter the US.

Her children would only be US citizens if she meets the physical presence requirement before their births and the OP has already stated that she does not. Google "is my child a US citizen" to learn about this requirement.

aaron2020... exactly thats the confusion I am facing...

• Part C states "The child is residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted for permanent residence."

But my children are and have always been with me??

:)

[aaron2020 11,651]

aaron2020... exactly thats the confusion I am facing...

• Part C states "The child is residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted for permanent residence."

But my children are and have always been with me??

:)

You're looking at the wrong law. You are looking at derivative citizenship at birth. Look up the Child Citizenship Act. Furthermore, your wife is the USC. You as a foreign citizen have nothing to do with them being US citizens. Edited May 3, 2016 by aaron2020

[aaron2020 11,651]

Is your wife the children's biological mother? Your posts are starting to confuse me.

Edited May 3, 2016 by aaron2020

[famictech2000 2]

Is your wife the children's biological mother? Your posts are starting to confuse me.

They are not her children...

[diwanrayan 0]

They are her and mine biological kids. How does that got you confused? Please can you share the law here too that you are talking about. Thanks.

[newacct 688]

INA 322 states

Another section of the Child Citizenship Act, INA Section 322, provides that a U.S. citizen parent (or, if deceased within five years, a citizen grandparent or legal guardian) may apply for naturalization on behalf of a child born abroad who has not acquired U.S. citizenship automatically under INA Section 320. U.S. Citizenship and Immigration Services will issue a Certificate of Citizenship to the child upon proof that the following conditions have been fulfilled:

• At least one parent of the child is a U.S. citizen by birth or naturalization;
• The U.S. citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's U.S. citizen parent cannot meet the physical presence requirement, this requirement may be met through proof that the child's U.S. citizen grandparent has been physically present for such time.
• The child is under the age of eighteen;
• The child is residing outside the United States in the legal and physical custody of the U.S. citizen parent;
• The child is temporarily present in the United States pursuant to a lawful admission, and is maintaining such lawful status.

This is the wrong law. INA 322 is a voluntary naturalization process for children residing outside the US and who do not intend to immigrate to the US. You want INA 320, which is the automatic citizenship for children permanent residents living in the US with a US citizen parent.

aaron2020... exactly thats the confusion I am facing...

• Part C states "The child is residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted for permanent residence."

But my children are and have always been with me??

:)

I am not sure where you got that from (what "Part C"?), but it does seem to be from the right law. After the child moves to the US (and becomes a permanent resident upon entry), he/she will be living in the legal and physical custody of you and your wife.

[aaron2020 11,651]

They are her and mine biological kids. How does that got you confused? Please can you share the law here too that you are talking about. Thanks.

Google "Child Citizenship Act."

I got confused because you kept referring to yourself and the children. That's not the relevant relationship for them becoming US citizen. Neither is being your wife the relevant relationship. The relevant relationship is between the children and a US citizen parent.

[diwanrayan 0]

This is the wrong law. INA 322 is a voluntary naturalization process for children residing outside the US and who do not intend to immigrate to the US. You want INA 320, which is the automatic citizenship for children permanent residents living in the US with a US citizen parent.

I am not sure where you got that from (what "Part C"?), but it does seem to be from the right law. After the child moves to the US (and becomes a permanent resident upon entry), he/she will be living in the legal and physical custody of you and your wife.

Yes. INA 322 applies to me, as my kids are residing outside US.

And Part C is coming from INA 320.