I-864 Is U.S. citizen son also an immigrant?

[ajr_ntknq 4]

I got check-listed on my I-864 for a few reasons. One of the items is to correct Part 3 - Total number of immigrants, and make sure my answers all match.

My situation is that I am sponsoring my wife, who is of course a foreign national. Our very young son (less than 2) is a US citizen already, has his passport and social security number, although he has never lived in the U.S., other than during a 1 month visit. We three all live together overseas.

By one definition, only my wife will be immigrating to the US when we three move there together, by another definition, my son will also be immigrating, and should be listed as an immigrant I am sponsoring. I would argue that only my wife is the immigrant for the purposes of this form, and my son is properly listed as a dependent on Part 5, household size. For example, as a citizen, he has a SS#, not an Alien Registration number, so how could I enter him as an immigrant in part 3? I would have to alter the form. Also, the household size question would count him twice if I entered him as an immigrant, which would be an obvious error.

The problem is, I neglected to make a copy of the I-864 that I sent in, so I'm not sure what I did wrong the first time. I just want to do it the 'correct' way so I don't get check-listed again. Anyone know the answer to this?

This is cut and paste what the checklist asked for:

[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.

[Brewlin 52]

Anyone who is a U.S citizen is never an immigrant. He's just traveling. The total of immigrants, should be 1. You are sponsoring the immigrant, not your son.

Edited May 12, 2015 by Brewlin

[Brewlin 52]

Part 3, line 7 is 1 immigrant, your wife.

part 5, enter 1 on persons you are sponsoring. then it says Persons NOT sponsored in this affidavit, yourself 1, skip your wife (since she's being sponsored), add dependent child 1, total adds up to 3 in household.

[mallafri76 1,012]

Sounds to me like you put your son somewhere you shouldn't have and that's what confuses NVC or maybe they don't think your son is USC?! Who knows with NVC?!?! Re-do the i-864 with the numbers Brewlin mentions above.

[ajr_ntknq 4]

Thanks guys- I'm both pleased my reasoning seems correct and baffled as to what I did wrong the first time. I must have been overwhelmed and entered my son as an immigrant, thinking I could explain in the cover letter his status.

This time I will be sure to enter correctly as members above have advised: 1 immigrant, 1 dependent, 1 self. 3 member household.

[mallafri76 1,012]

Save the filled out form on your computer, that way you can always go back and see what you wrote. That's what I do with all the forms and letters etc cause who can remember after all we have to fill out for this visa?!