I am preparing for I-864 and I need some advice from you. I am planning to file I-864EZ because I am using my income only to sponsor my hubby. However, his son was listed on I-130 in the children section but he is not immigrating to the States. Can I still use I-864EZ? Because on I-864EZ, in the "Who May Use Form I-864EZ" section, it says "The relative you are sponsoring is the only person listed on the Form I-130 petition. I don't know if that applies to my situation, since his son is listed on I-130, though I am not sponsoring him. I would like to know if there is any VJ memBers who successfully used I-864EZ even iwith their spouse's child listed on I-130.Thank you in advance for your reply.

Yes you can still use I-864EZ, because you are sponsoring only one immigrant at this time.

From the actual I-864EZ form.
So, yes you may have noted their children on the I-130 but they are not immigrating, I-130 has no derivative status for children, in order for them to immigrate they need a separate I-130 filed for them.

Hi YuAndDan, thank you so much for your reply!!

I would really recommend that you attach a note to the I-864EZ that specifically states that his son is not immigrating with the father at this time.

Thanks, Daveed. I will do that.

even though his son is list. but his son is not immigate.
so you are safe to send to send in i864.

YuAndDan, so we can not use I-864EZ since my husband is sponsoring both of me and my daughter and we have our seperate I-130 ? Thanks for your help.

Lucy