Family Members Immigrating within 6 months

[SensibleInvestor 10]

Forgive me if this has been answered, but I had trouble getting something clearer than what's on the USCIS instructions. I'm in the middle of filling out form I-864 for the father of a US citizen and noticed that it says that he "may" bring his spouse and/or children to the United States. It looks like it can be done within 6 months. I'm taking this to mean that I could also put down his wife, his adult children over 21, and *their* children as secondary beneficiaries of the father without having to go through the whole process from square one. Am I reading this correct? If my understanding is correct I'm happy to sponsor as many people as I can on this form.  I wasn't even planning on the siblings coming because the priority date for siblings of US citizens from this particular country is over 20 years out!  If my understanding is not correct, what needs to be done to help them come within this window?

From the I-864 instructions:

>Item Number 2. Family Members Immigrating Within Six Months. The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States. If the spouse and/or children will travel with the principal immigrant, or within six months of the principal immigrant’s entry into the United States and you are sponsoring them, you should list the names and other requested information in the spaces provided in Item Number 2. If any dependents are not immigrating, will immigrate more than six months after the principal immigrant arrives in the United States, or you are not sponsoring them, then do not list their names here. A separate Form I-864 is required for them when they apply for their immigrant visas.

[Crazy Cat 44,020]

No.  I think you are misunderstanding it.  The I-864, in itself, does not give/authorize  immigration rights.

Edited May 24, 2019 by missileman

[SensibleInvestor 10]

Yeah, it makes more sense to me that this wouldn't convey any right to immigrate but the "The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States"  part kind of tells me otherwise. What does this mean? That the beneficiary can put in a petition? How could they expect anyone to get a visa within 6 months of the primary beneficiary if this is the case? 

[USS_Voyager 1,974]

25 minutes ago, SensibleInvestor said:

The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States

It should be understood as "In the event that the immigrant you are sponsoring is bringing a spouse and/or children..."

[SensibleInvestor 10]

13 minutes ago, USS_Voyager said:

It should be understood as "In the event that the immigrant you are sponsoring is bringing a spouse and/or children..."

OK thanks for the clarification. Looks like the path forward is to have my wife apply for her mother when the father in law gets here. MIL is currently staying behind because she helps with child care of her grandchildren, but nannies are cheap. At the same time, it looks like it's better to get the 12 year clock started on FIL's unmarried children so that they can immigrate. If my wife applied for them, it's a 22 year clock. 

Just get them into the system before any immigration reform wrench is thrown in that does away with the family preference. You'd think if they do switch to a merit-based system, Congress would make sure that those currently in line wouldn't lose their spot. 

[payxibka 10,048]

38 minutes ago, SensibleInvestor said:

OK thanks for the clarification. Looks like the path forward is to have my wife apply for her mother when the father in law gets here. MIL is currently staying behind because she helps with child care of her grandchildren, but nannies are cheap. At the same time, it looks like it's better to get the 12 year clock started on FIL's unmarried children so that they can immigrate. If my wife applied for them, it's a 22 year clock. 

Just get them into the system before any immigration reform wrench is thrown in that does away with the family preference. You'd think if they do switch to a merit-based system, Congress would make sure that those currently in line wouldn't lose their spot. 

My guess would be when it's over,  it's over.  Will they be willing to wait 22 years for the backlog to clear before immigration reform is in place?  

[Crazy Cat 44,020]

42 minutes ago, SensibleInvestor said:

You'd think if they do switch to a merit-based system, Congress would make sure that those currently in line wouldn't lose their spot. 

"You'd think" Congress would do a lot more regarding immigration law.....but neither party seems interested........

[SusieQQQ 11,588]

1 hour ago, SensibleInvestor said:

Yeah, it makes more sense to me that this wouldn't convey any right to immigrate but the "The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States"  part kind of tells me otherwise. What does this mean? That the beneficiary can put in a petition? How could they expect anyone to get a visa within 6 months of the primary beneficiary if this is the case? 

A “child” in immigration law is unmarried and under 21. Someone under a family preference (not IR) category can bring spouse and children as derivatives. 

Father of USC is an IR category so cannot bring derivatives. 

Edited May 24, 2019 by SusieQQQ

[JFH 12,192]

16 hours ago, SensibleInvestor said:

Yeah, it makes more sense to me that this wouldn't convey any right to immigrate but the "The immigrant you are sponsoring (the principal immigrant) may bring a spouse and/or children to the United States"  part kind of tells me otherwise. What does this mean? That the beneficiary can put in a petition? How could they expect anyone to get a visa within 6 months of the primary beneficiary if this is the case? 

It’s because the I-864 is a multi-purpose form. Just like the I-130 is. Some categories that use the I-864 can bring derivatives. F-4 is a good example of that. That’s why it says “May”’and not “certainly can”. IR-5 (parent of USC) does not permit derivatives but uses the same forms.