Jump to content
ajr_ntknq

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

6 posts in this topic

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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 by Brewlin

Married 2001, conditional resident 2003, permanent resident 2005.Left U.S 2012, abandoned green card 2013.Applied I-130 Nov 2014, approved Dec 2014. DS260 13th Apr 2015. Docs sent 27 Apr. Scan date May 1. Case complete June 4!Interview July 14th, rescheduled to Oct 20th. Approved! <p>I'm the immigrant :)

Share this post


Link to post
Share on other sites

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.


Married 2001, conditional resident 2003, permanent resident 2005.Left U.S 2012, abandoned green card 2013.Applied I-130 Nov 2014, approved Dec 2014. DS260 13th Apr 2015. Docs sent 27 Apr. Scan date May 1. Case complete June 4!Interview July 14th, rescheduled to Oct 20th. Approved! <p>I'm the immigrant :)

Share this post


Link to post
Share on other sites

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.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?! :)


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×