Sponsoring US Citizen Children

[Alan01 0]

I'm preparing my affidavit of support for my wife's K-3 application. Our 2 children are currently with her. Both are US citizens.

1) How do I know whether I need to fill out form I-134 or Form I-864

2) When filling out either form, both have separate sections for "Family members immigrating at the same time" and "Dependant Children". My Children are with her, they will be entering the US with her, but they're not "immigrating, as they're US citizens". If I put them twice, won't that count double?

The Question on the I-864 is: "I am sponsoring the following family members immigrating at the same time or within six months of the principalimmigrant named in Part 2 above. Do not include any relative listed on a separate visa petition.

3) I lost my job 2 months ago and am doing contract work until I get a new job. We've got a house and assets. I assume this will not be a problem, as my contract income is above federal poverty guidelines. Is this correct, or are there some devils in the details.

Thanks,

Alan

[YuAndDan 153]

You only need to provide 1 I-134 for your wife, and list the children in part 8 your dependents, not as immigrants (Part 3). Your children's births should have been registered at the embassy or consulate, and they should have US passports.

Also on DS-230 Questions 21a and b should say NONE, they are not immigrating because they are already citizens of the USA, they may be traveling with your spouse, but not immigrants accompanying your spouse.

I-864 is not used by the consulate for K-3 visa only I-134, later when you adjust status from K-3 to Green-Card, then you provide the I-864.

Do not count the children in the immigrant lines only your wife, and don't count wife as spouse, she is immigrant, count the children on dependents lines of the I-864.

Contract work should be fine.

Edited August 5, 2007 by YuAndDan

[pushbrk 12,910]

You only need to provide 1 I-134 for your wife, and list the children in part 8 your dependents, not as immigrants (Part 3). Your children's births should have been registered at the embassy or consulate, and they should have US passports.

Also on DS-230 Questions 21a and b should say NONE, they are not immigrating because they are already citizens of the USA, they may be traveling with your spouse, but not immigrants accompanying your spouse.

I-864 is not used by the consulate for K-3 visa only I-134, later when you adjust status from K-3 to Green-Card, then you provide the I-864.

Do not count the children in the immigrant lines only your wife, and don't count wife as spouse, she is immigrant, count the children on dependents lines of the I-864.

Contract work should be fine.

The above is all correct. Be careful not to overthink the form's instructions but be very careful to take the instructions as literally as possible because, I assure you, they were written with that in mind. When they say don't count any person twice, they mean it, no matter how silly it sounds not to list your wife as your wife or part of your household. In this context she is only the immigrant. That is the reason they say don't list anybody twice. The immigrant is not always going to be a member of your household or immediate family.