Green Card Application from Uncle

[kelvinchan1110]

My uncle (US citizen) petitioned my mom a few years ago (2003). At that time, all of my siblings were under 21 and unmarried. However, my sister recently got married (a month ago), and she is 28. Will her husband and she able to come along with my mom to the U.S.?

[kelvinchan1110]

Green Card Application from Uncle

Bump

[rayb]

No, her marital status causes loss of her derivative visas eliibility.

--Ray B

My uncle (US citizen) petitioned my mom a few years ago (2003). At that time, all of my siblings were under 21 and unmarried. However, my sister recently got married (a month ago), and she is 28. Will her husband and she able to come along with my mom to the U.S.?

[mc84]

aos question

Rayb I want to ask you something regarding I-864. Well I am not employed forfew years and thus didn't file any tax return. However my mother and her husband are joint sponsors for my husband and filed I-864A. My question is that on I-864 part 6 question 13 i have checked that i have filed the tax returns, shouldn't the answer be left blank? second question on part 6 question 13 a 1 the income should be 0? my attorney has my parents 1040 total icnome figure as I would be using their income under 6a. I am really confused about this, please clarify this. And I am attaching my explanation why I didn't file any tax returns as I am living outside of the USA at the moment.

my second question my daughter is recently born outside of USA and has became US citizen due to maternal citizenship rule. W hen i filed AOS initially she wasnt born and thus my house hold size was only 2 (me and my immigrant spouse). Now that has changed should I file another form of I-864 and change that number to 3 (me, my immigrant spouse and my daughter). Please advise me I don't want another checklist

[rayb]

If you have not filed an income tax return for several years, you should not check the tax return box. Also, your parents' tax return income should not be included on #13, but their income would have been shown earlier for household income. Their tax return income is not shown until the I-864A. Your "attorney" made a mistake by carrrying that amount over to #13a1.

--Ray B

Rayb I want to ask you something regarding I-864. Well I am not employed forfew years and thus didn't file any tax return. However my mother and her husband are joint sponsors for my husband and filed I-864A. My question is that on I-864 part 6 question 13 i have checked that i have filed the tax returns, shouldn't the answer be left blank? second question on part 6 question 13 a 1 the income should be 0? my attorney has my parents 1040 total icnome figure as I would be using their income under 6a. I am really confused about this, please clarify this. And I am attaching my explanation why I didn't file any tax returns as I am living outside of the USA at the moment.

my second question my daughter is recently born outside of USA and has became US citizen due to maternal citizenship rule. W hen i filed AOS initially she wasnt born and thus my house hold size was only 2 (me and my immigrant spouse). Now that has changed should I file another form of I-864 and change that number to 3 (me, my immigrant spouse and my daughter). Please advise me I don't want another checklist

[kelvinchan1110]

What if she gets divorce? Will that make her eligible again?

[rayb]

The marriage changed her eligibility. I can't say whether a divorce from that marriage would be considered a restoration, for immigration purposes, of her former "single" status.

--Ray B

What if she gets divorce? Will that make her eligible again?

[mc84]

Rayb the household size

Rayb please answer my second question regarding the household size. When i filed the i-864 she wasn't born and I yet have to apply for her US citizenship through the US embassy abroad. My attorney thinks that she wouldn't be considered as my dependent for the corrected i-864 in response to the checklist for these reasons:
1) When I initially filed I-864 she wasn't even in the picture
2) She is not a US citizen yet as I have to still inform for the birth abroad and apply for her US passport. She is not a us citizen and neither living in USA at the moment (however eventually will once we move as a family). I know once i apply for her citizenship she will get it because she is daughter of USA citizen who is temporarily living abroad.

3) In order to be a dependent she has to be claimed on my tax return filed for that year. My issue is that she is only 4 months old that wouldnt be possible but she is my direct responsibility now shouldnt she be mentioned in the I-864 especially when I am have to re-do it.
Please guide me I am bit confused on that her US citizenship not being attained at the moment confusing the matter further.

[rayb]

Please see my responses after each of your questions:

Rayb please answer my second question regarding the household size. When i filed the i-864 she wasn't born and I yet have to apply for her US citizenship through the US embassy abroad. My attorney thinks that she wouldn't be considered as my dependent for the corrected i-864 in response to the checklist for these reasons:
1) When I initially filed I-864 she wasn't even in the picture

YOU CAN'T CLAIM THE CHILD AS A DEPENDENT ON AN INCOME TAX RETURN UNTIL SHE HAS AN SSN.

2) She is not a US citizen yet as I have to still inform for the birth abroad and apply for her US passport. She is not a us citizen and neither living in USA at the moment (however eventually will once we move as a family). I know once i apply for her citizenship she will get it because she is daughter of USA citizen who is temporarily living abroad.

SHE HAS DERIVED CITIZENSHIP, BUT IT IS NOT YET DOCUMENTED.

3) In order to be a dependent she has to be claimed on my tax return filed for that year. My issue is that she is only 4 months old that wouldnt be possible but she is my direct responsibility now shouldnt she be mentioned in the I-864 especially when I am have to re-do it.
Please guide me I am bit confused on that her US citizenship not being attained at the moment confusing the matter further.

SHE IS STILL YOUR LEGAL DEPENDENT, WHETHER SHE SHOWS ON YOUR TAX RETURN OR NOT.
YOUR NEW I-864 SHOULD SHOW HERE AS YOUR DEPENDENT CHILD, SO THAT SHE IS COUNTED IN YOUR HOUSEHOLD FOR SPONSORSHIP PURPOSES.

--Ray B

[mc84]

Rayb thank you so much for clearing the confusion, highly appreciated.

[mc84]

the date on the i-864

Please Rayb guide me as per our earlier conversation I have sent my parents the new I-864 and I-864a with my signatures and details on it. However I didn't date the form knowing my attorney and my parents have to do their part. Now my mother is bit worried that what if the hand writing on the date doesn't match accordingly.I left it black earlier cause I have heard from everyone that you should date when u about to mail them the documents. Now do you think if she would date it in her writing next to the column where my signatures are already done would be an issue? and also should she date the day i mailed her the documents as I have that receipt as a proof or should she date as the day she be mailing the documents from usa

[rayb]

You're over-analyzing. It doesn't matter who dates, but the date should be reasonably close to when you sent it to USCIS (or NVC).

-Ray B

Please Rayb guide me as per our earlier conversation I have sent my parents the new I-864 and I-864a with my signatures and details on it. However I didn't date the form knowing my attorney and my parents have to do their part. Now my mother is bit worried that what if the hand writing on the date doesn't match accordingly.I left it black earlier cause I have heard from everyone that you should date when u about to mail them the documents. Now do you think if she would date it in her writing next to the column where my signatures are already done would be an issue? and also should she date the day i mailed her the documents as I have that receipt as a proof or should she date as the day she be mailing the documents from usa

[mc84]

I know what you mean but I am just extra worried and now getting extra cautious about everything. so she can date then same as hers the day she be mailing them. It would be 10 days difference since the time i mailed her the documents

[rayb]

It doesn't matter. All the NVC needs to see is a signature and a reasonably current date, i.e., within 3 months.

--Ray B

I know what you mean but I am just extra worried and now getting extra cautious about everything. so she can date then same as hers the day she be mailing them. It would be 10 days difference since the time i mailed her the documents

[mc84]

Thanks for your help