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Posted

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.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

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

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted

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? 

Posted
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. 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
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?  

YMMV

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
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........

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted (edited)
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 by SusieQQQ
Posted
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.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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