sponsor received mail

[PurplePassion 1]

Our sponsor received mail after we sent in aos and IV packages. We called nvc and they never said anything about this.

this is what the letter said

The Immigration and Nationality Act (INA) does not allow derivative status to family members of immediate relatives. IR1, CR1, CR2, IR2, and IR5 classifications are immediate relative visa catagories. This means that a spouse, unmarried child under the age of 21 and a parent of a US citizen require their own individual petition in order to immigrate to the US

For information about how to submit a new visa petition for an immediate relative please contact the Department of Homeland Security office of US citizenship and Immigration services USCIS

Our case is almsot complete at the nvc I just want to know what this letter means because the nvc never said anything was wrong they just told us to take certain papers to interview when scheduled.

[NikLR 13,234]

How many people are immigrating? How many I-130s were filed?

[PurplePassion 1]

1 just for my spouse

[Penguin_ie 6,002]

So you are the US citizen petitioner, have a foreign spouse, and also have a co-sponsor for the I-864, and that co-sponsor got sent this letter?

[PurplePassion 1]

Yes that is correct

[PurplePassion 1]

How many people are immigrating? How many I-130s were filed?

My spouse, Myself, and our child will go to usa

[NikLR 13,234]

Does the child have citizenship?

[PurplePassion 1]

Yes and even american passport

[NikLR 13,234]

Okay so im unsure why your joint sponsor got this email. Can you make sure the paperwork is correct? That the names and household counts etc are correct? Did they include the child maybe which they shouldnt have?

The only person immigrating is your wife. A usc does not immigrate to the usa, they move there.

[JFH 12,196]

That's the common mistake that some people make. On the DS-260 it asks whether your children are immigrating with you (if you have answered "yes" to the question asking if you have children). Whilst your child will be flying/sailing/sitting in the car with you to the USA, he/she will not be immigrating. The question is not asking about how many plane tickets you are buying but how many immigrants are arriving. Some people answer "yes" that the child is immigrating because the child is travelling with them, when the answer should be "no" if the child is already a USC.

Edited October 30, 2016 by JFH

[PurplePassion 1]

Okay so im unsure why your joint sponsor got this email. Can you make sure the paperwork is correct? That the names and household counts etc are correct? Did they include the child maybe which they shouldnt have?

The only person immigrating is your wife. A usc does not immigrate to the usa, they move there.

I believe he is the one who received because he did put incorrect household size for the application. NVC told us that he needed to refill out the I864 form with the correct household size and send it to me to take to interview. he should only put him and my spouse on the form?

That's the common mistake that some people make. On the DS-260 it asks whether your children are immigrating with you (if you have answered "yes" to the question asking if you have children). Whilst your child will be flying/sailing/sitting in the car with you to the USA, he/she will not be immigrating. The question is not asking about how many plane tickets you are buying but how many immigrants are arriving. Some people answer "yes" that the child is immigrating because the child is travelling with them, when the answer should be "no" if the child is already a USC.

Yes I think this is the issue. I put yes for spouse immigrating to us and for child immigrating to usa. How can I fix it on the DS-260 form? Do I need to call the nvc to correct it or tell the person at the interview about it?

[NikLR 13,234]

Tell the interviewer if you have an interview date. You can ask the NVC to open up the ds-260 if you don't but I'm not sure they can.

Joint sponsor's household size should be their family plus immigrant (only your spouse.) So if he's unmarried with no children, then it is 2. If he is married it's 3. Etc... Your son should not be mentioned anywhere.

[PurplePassion 1]

ok thanks a lot! I will call them today to see what needs to be done.