I864 Part 3 & Domicile

[aus/usa2013 0]

Hi All

I have just received a request for more info from the NVC . I have a couple questions if anyone is willing to help me with the following.

I originally listed my partner as the only immigrant. We have two dependent children but have not listed them in part 3 as they are dual citizens. Is this correct?

[x] In Part 3, Information on the Immigrant(s) You are sponsoring, please correct the following...

[x] Item 7. The total number of immigrants listed in Item 7 must equal the number of immigrants listed in Part 3, Items 1 through 6.f. In addition, you must also verify that the total number of immigrants listed in Item 7 matches the number you entered in Part 5 Item1.

In part five I have listed 1 for the person I am sponsoring, 1 for myself, 2 for our dependent children and 2 for people in our principal residence who are combing their income (our joint sponsor and wife). Is this correct?

The other section they need more info on is:

x] You must submit the following financial evidence:

[x] Proof of U.S. domicile; pages 3 and 4 of the I-864 instructions contain information on how to prove U.S. domicile.

I originally provided them with a current license, lease agreement with joint sponsor, shipping company quote. What else could I provide them with?

Thanks in advance!

[NikLR 13,220]

Hi All

I have just received a request for more info from the NVC . I have a couple questions if anyone is willing to help me with the following.

I originally listed my partner as the only immigrant. We have two dependent children but have not listed them in part 3 as they are dual citizens. Is this correct?

[x] In Part 3, Information on the Immigrant(s) You are sponsoring, please correct the following...

[x] Item 7. The total number of immigrants listed in Item 7 must equal the number of immigrants listed in Part 3, Items 1 through 6.f. In addition, you must also verify that the total number of immigrants listed in Item 7 matches the number you entered in Part 5 Item1.

In part five I have listed 1 for the person I am sponsoring, 1 for myself, 2 for our dependent children and 2 for people in our principal residence who are combing their income (our joint sponsor and wife). Is this correct?

The other section they need more info on is:

x] You must submit the following financial evidence:

[x] Proof of U.S. domicile; pages 3 and 4 of the I-864 instructions contain information on how to prove U.S. domicile.

I originally provided them with a current license, lease agreement with joint sponsor, shipping company quote. What else could I provide them with?

Thanks in advance!

Okay you shouldn't be combining income with anyone. If you have a joint sponsor the joint sponsor should have an I-864 and their spouse an I-864a. Pretty much the only time you combine income with someone is if they're your spouse or your claim them as a dependent on your taxes. Your total household count should be 4. theirs should be their household size (tax wise) plus the immigrant. Plus it sounds like you don't' live with them currently and you MUST be living and related to them to combine income.

[NikLR 13,220]

If you choose you can also include a copy of your children's biopage of their US passports to show they're not immigrating.

Domicile:

Active US bank account

voter registration

job offer

children enrolled in school

any proof you're relinquishing residence in Oz.

[aus/usa2013 0]

Okay you shouldn't be combining income with anyone. If you have a joint sponsor the joint sponsor should have an I-864 and their spouse an I-864a. Pretty much the only time you combine income with someone is if they're your spouse or your claim them as a dependent on your taxes. Your total household count should be 4. theirs should be their household size (tax wise) plus the immigrant. Plus it sounds like you don't' live with them currently and you MUST be living and related to them to combine income.

Thanks for your reply. They didn't question this as wrong so I may leave it as its basically asking to count anyone who is lodging an I864(a) which our joint sponsor and partner did.

I suppose my real question is if our children are US citizens do they need to be listed as family members of the principal immigrants in section 3?

[NikLR 13,220]

No, they're moving not immigrating

You cannot combine income with someone you are not living with. Are you currently living in the USA? Are you related to the joint sponsor?

The NVC may not say it is wrong, but it really is and the CO may request you to correct this.

The correct way is:

Petitioner = I-864

Joint sponsor = I864

Joint sponsor spouse (if income is made and they file jointly and they don't want to distinguish individiual income) = I864a

[aus/usa2013 0]

No, they're moving not immigrating

You cannot combine income with someone you are not living with. Are you currently living in the USA? Are you related to the joint sponsor?

The NVC may not say it is wrong, but it really is and the CO may request you to correct this.

The correct way is:

Petitioner = I-864

Joint sponsor = I864

Joint sponsor spouse (if income is made and they file jointly and they don't want to distinguish individiual income) = I864a

Ok great. So I will provide a copy of their us born abroad certs and bio page of their passports and that should suffice for the kids?

Thats correct, i filled out an I864, our joint sponsor filled out an I864 and the joint sponsor spouse filled out an I864a. they are my parents. So i shouldn't include them under the optional Part 5. #7? That would make my household total 4 correct? I thought it was the household total when you get there.

[NikLR 13,220]

No. Even when you get there your household will not include your parents. A household count is not people living in a house but rather based on taxes and dependent children.

No you shouldn't include your parents on part 5 at all. Your household count is the immigrant, you, (then put 0 for spouse because you already counted the spouse as the immigrant) then your two children. = 4

Your parents count them, and the immigrant but not your children or you. So their household count = 3.

Yes you can include their biopage of their passports with a letter stating they are US citizens and not immigrating. BUt honestly I think once you get the household counts right you'll be fine without that.

Edited April 27, 2015 by NLR

[aus/usa2013 0]

No. Even when you get there your household will not include your parents. A household count is not people living in a house but rather based on taxes and dependent children.

No you shouldn't include your parents on part 5 at all. Your household count is the immigrant, you, (then put 0 for spouse because you already counted the spouse as the immigrant) then your two children. = 4

Your parents count them, and the immigrant but not your children or you. So their household count = 3.

Yes you can include their biopage of their passports with a letter stating they are US citizens and not immigrating. BUt honestly I think once you get the household counts right you'll be fine without that.

Wonderful. Thanks so much for your help. I was racking my brain trying to figure out the language on this.

I will also include a bank statement and voter registration. The children aren't old enough for school. I may have a job offer as well to include. Hopefully that is enough.

Thanks again for your help (I believe you helped me on another thread as well). I really appreciate it.

[aus/usa2013 0]

No. Even when you get there your household will not include your parents. A household count is not people living in a house but rather based on taxes and dependent children.

No you shouldn't include your parents on part 5 at all. Your household count is the immigrant, you, (then put 0 for spouse because you already counted the spouse as the immigrant) then your two children. = 4

Your parents count them, and the immigrant but not your children or you. So their household count = 3.

Yes you can include their biopage of their passports with a letter stating they are US citizens and not immigrating. BUt honestly I think once you get the household counts right you'll be fine without that.

Just going over the paperwork one final time before I send. Since I am not including my joint sponsors/parents on part 5 does that mean I also do not include their income on part 6?

[NikLR 13,220]

Correct.

They just have their income on their I-864 and you have yours (or lack there of) on yours.

[aus/usa2013 0]

Correct.

They just have their income on their I-864 and you have yours (or lack there of) on yours.

ha! truth. thanks again.