I-864 doubt

[MiguelFC 0]

Hello,

Some background:

I will be needing a cosponsor, my brother, since I don't make enough money.

My wife, a Mexican national will be immigrating to the US with my son, a US citizen by birth abroad(my son hasn't been to the US though)

as far as item 9 goes:

"I am sponsoring the following family members immigrating at the same time or within six months of the principal

immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition"

Should my son be listed in my brothers I-864 under item 9?

Thanks,

[Dan Nguyen 3]

Hello,

Some background:

I will be needing a cosponsor, my brother, since I don't make enough money.

My wife, a Mexican national will be immigrating to the US with my son, a US citizen by birth abroad(my son hasn't been to the US though)

as far as item 9 goes:

"I am sponsoring the following family members immigrating at the same time or within six months of the principal

immigrant named in Part 2 above. Do not include any relative listed on a separate visa petition"

Should my son be listed in my brothers I-864 under item 9?

Thanks,

If he's sponsoring your son also, yes.

[Deputy Purple 1,294]

Your son has a US Passport and will not be immigrating so your son is not included in your brother's household count (or count of those being sponsored).

You would count your son in your household count (but not as an immigrant being sponsored).

[Anh map 2,098]

Your son has a US Passport and will not be immigrating so your son is not included in your brother's household count (or count of those being sponsored).

You would count your son in your household count (but not as an immigrant being sponsored).

If you have not obtained a US passport for your son yet, go ahead and get started. He can't be issued a visa.

[Jojo92122 1,924]

If he's sponsoring your son also, yes.

___________________________________

Edited July 19, 2011 by Jojo92122

[pushbrk 12,978]

Your son has a US Passport and will not be immigrating so your son is not included in your brother's household count (or count of those being sponsored).

You would count your son in your household count (but not as an immigrant being sponsored).

This is the correct answer if the Son will be coming on a US passport. He should be.

[MiguelFC 0]

Thanks for the replies. Yes, my son already has a US passport.

So to sum things up and correct me if I'm wrong:

My brother doesn't need to have my son as an immigrant being sponsored in his I-864.

I will only need to count my son as far as household size goes for my I-864.

Thanks!

[Dan Nguyen 3]

If he's sponsoring your son also, yes.

Sorry, this is the wrong answer, I couldn't edit.

The others are correct. Your son is a USC and does not require a visa to enter the U.S.

[Navyk 78]

Thanks for the replies. Yes, my son already has a US passport.

So to sum things up and correct me if I'm wrong:

My brother doesn't need to have my son as an immigrant being sponsored in his I-864.

I will only need to count my son as far as household size goes for my I-864.

Thanks!

I think there is some confusion here. Some may be thinking that you filed I-130 for your son, who doesn't need, as he is already a US citizen and has a passport.

Your brothers doesn't need your son in his I-864, as there is nothing needs to be done for your son - meaning he doesn't need a sponsor or co-sponsor.

On your I-864, you need to have your son in item 21 d only (should not be in item 9 a).

[Deputy Purple 1,294]

Thanks for the replies. Yes, my son already has a US passport.

So to sum things up and correct me if I'm wrong:

My brother doesn't need to have my son as an immigrant being sponsored in his I-864.

I will only need to count my son as far as household size goes for my I-864.

Thanks!

Correct!

[MiguelFC 0]

Correct!

Thanks for everyone's input