Are my dual citizen children considered "immigrants" ?

[Canadiakev 0]

I am working on completing form Form DS-260 as well as getting my sponsors to complete form I-864.

 

My wife is a US citizen and my 5 children all have dual citizenship. When I encounter questions about who else is immigrating with me or questions about the intending immigrant's spouse or children how do I answer these. While they are dependents it doesn't seem right to me to classify them as immigrants since they could all move to the US immediately without having to go through this whole process.

 

I hope this makes sense.

 

 

[geowrian 22,335]

If they are US citizens via birth (regardless of any other citizenship), then they are not immigrants nor immigrating with him.

If it asks about his children, then they would be listed regardless of any citizenship.

Edited June 15, 2018 by geowrian

[Canadiakev 0]

Thanks. That makes sense.

 

[Canadiakev 0]

So for example, in form DS-260 under "Family Information: Spouse" it asks, "Is your spouse immigrating to the U.S. with you?"

 

She WILL be moving there with me, but since she is a US citizen I should answer "no" correct?

 

Likewise to the next question, "Is your spouse immigrating to the U.S. at a later date to join you"?

 

Also when I am listing the names of my children I click "no" to the following questions?

 

Is this child immigrating to the U.S. with you?

Yes

No

 

Is this child immigrating to the U.S. at a later date to join you?

Yes

No

Edited June 15, 2018 by Canadiakev

[geowrian 22,335]

Correct. You are traveling with him, but not immigrating with him. That question generally pertains to derivative beneficiaries.

[KazuriSana 324]

The children are not immigrants to the US. It is their home, they will be going home from abroad.

[Nitas_man 3,100]

7 hours ago, Canadiakev said:

I am working on completing form Form DS-260 as well as getting my sponsors to complete form I-864.

 

My wife is a US citizen and my 5 children all have dual citizenship. When I encounter questions about who else is immigrating with me or questions about the intending immigrant's spouse or children how do I answer these. While they are dependents it doesn't seem right to me to classify them as immigrants since they could all move to the US immediately without having to go through this whole process.

 

I hope this makes sense.

 

 

I have filled out several of these for my wife.  I did not follow the above advice last fall (because I didn't ask - oops)

 

We all lived together outside of the US and were all returning to the US together:   On our form I entered "yes" for me and "yes" for the dualie kids.

 

The reason I do that is because the old application asked "who is going to accompany you to the US".  So I treated that question "who is immigrating" the same way as the old question "who is accompanying".   It doesn't make a difference.  If they're non-USC's they need a visa.  If they're USC's they don't. 

 

It seems to have not have made a difference.  Her visa was issued and our entry was smooth. 

 

After reading the above however I'm going with the majority.  Hit 'No" and "No".  If you are all out of the country and all returning from extended stay you'll be asked about it - your spouse has to either accompany you into the US or enter the US before you do.  I handled that issue that way - a "no" checked will open it up as a question at the interview.

 

Good luck!

 

 

Edited June 16, 2018 by Nitas_man

[geowrian 22,335]

Agreed. The correct answer - IMO - would be "No". But either answer will get you through the process fine.

[Nitas_man 3,100]

3 minutes ago, geowrian said:

Agreed. The correct answer - IMO - would be "No". But either answer will get you through the process fine.

LOL - I'm reading through the application (scanned and saved it) and now I feel kinda dumb