DS260 and I-864 USC Children Immigrating Question

[Whimplet 2]

Question about completing our DS260 and the I-864 forms and how to answer for our born abroad US Citizen children.

I am the USC and permanent resident in the UK, spouse is Malaysian with UK ILR, we are filing through DCF and our I-130 petition has been approved for IR1 VISA.

We've actually already completed/submitted the DS260, but I want to check one of the questions.

Our children were born in the UK, but already have their USA passports, they are both less than 10 years old.

On the DS260 we answered the question 'Is this child immigration to the U. S. with you?' as yes.

I guess I'm wondering about the definition of immigrating in this question

They will move with us (at the same time as us) when we move to the USA after my spouse has her visa approved.

But should we have answered this question 'No' as they are already citizens so they are travelling/moving but not immigrating?

Similarly, on the I-864 part 3 and question 3.a Family Member 1 - do I include our children here (assume no?)

But they are counted as a dependent under section 5 Sponsor's Household size question 4 I would answer 2 as dependents.

If the DS260 is wrong should we contact the embassy in advance to correct it or explain during the interview itself?

I'm sure this has been asked before but couldn't find it through a forum search so grateful for guidance.

I've posted in the DCF forum to get answers from other USC living abroad but if better in the IR1 process and procedures forum please move.

Thanks

Edited July 6, 2016 by Whimplet

[arken 4,197]

You should have marked "NO" to the question "Is this child immigrating to US with you". Like you said, the child is just moving to US not immigrating.

You should not list your children on Family member sections on Part 3 of i864 since they are not considered immigrating to US. However you count them as dependents for household size.

I think the mistake you made on DS260 is a minor one, not a major one which could easily be resolved at the time of interview, however, it doesn't hurt to call them and tell about your mistake and see what they say.

[Nich-Nick 3,353]

The London website says in FAQs

I have made an error on the DS-260, what should I do?

If you have made an error when completing the DS-260 you are required to correct the error and re-transmit it if the error concerns the Background and Security questions or passport number. Please contact us through our website as we will be required to unlock your case before you can amend the information. If the error is in the biographic details, you may notify the consular officer on the day of your interview and take no further action.

Reference- https://uk.usembassy.gov/visas/immigrant-visa-faqs/visa-processing-and-documents/?_ga=1.203886745.847207316.1438020395

I -864, part 3 is to list additional people being sponsored. US Citizens do not need sponsoring. Only your Malaysian spouse is being sponsored.

Edited July 6, 2016 by Nich-Nick

[Whimplet 2]

I've submitted a query to them just in case.

I had seen those FAQs before but read so many that I couldn't find them again.

Thanks for pointing them out.

Hopefully all questions answered - medical is tomorrow and interview in about 2 weeks!

[Whimplet 2]

Query response within 48 hours from their online webform.

Answer was that this issue could be resolved with the CO on the day of the interview, so no need to unlock/resubmit the DS260.

Medical all ok and approved, so roll on for the interview!