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  • Need help with I-864 (Few Questions)

    Hi All,

    Hoping someone can help with my current situation:

    My wife is a US citizen who has lived most of her life in South Africa. (Since the age of 7) We have been married for almost 2 years and we have a 10 month old daughter. My wife has filed the I-130 petitions for the 2 of us, which have been approved.

    We are now entering the second phase of the immigration process. My questions are pertaining to the I-864 form.

    My wife has never worked in the USA and is currently a stay at home mom taking care of my baby girl. Her father and sister currently live in the USA and she would like to return to the USA with myself and our daughter so she can be reunited with her family.


    Does she qualify to be my sponsor?

    She does not own property in the USA, nor have a job. I however have assets which far meet the minimum poverty guidelines. Will this suffice when filling out the I-864 form to meet the requirements?


    Do we need to fill in the I-864A?
    Would be she the sponsor on the I-864?


    Any tips for filling out this form?

    I believe we need to have domicile in the USA which we do not currently have, any tips on this?

    Our plan is to move to The USA once we get granted our Visas where we will then look for a home and jobs.

    Thank you

  • #2
    1. If your wife is the natural mother of your 10-month-old daughter, you do not need to petition the child with an I-130. But you do need to report the child's birth to the U.S. Consulate with jurisdiction over the area where she was born, with the CRBA procedure.
    2. As petitioner, your wife must be the primary sponsor and complete an I-864. But if she has no income or liquid assets, she needs a U.S.-domiciled co-sponsor to also complete an I-864 package. If you have liquidity that would meet or exceed the sponsorship requirements, your available liquidity could be used if reported on the I-864 of your wife.

    --Ray B

    Originally posted by ThatFunDad View Post
    Hi All,

    Hoping someone can help with my current situation:

    My wife is a US citizen who has lived most of her life in South Africa. (Since the age of 7) We have been married for almost 2 years and we have a 10 month old daughter. My wife has filed the I-130 petitions for the 2 of us, which have been approved.

    We are now entering the second phase of the immigration process. My questions are pertaining to the I-864 form.

    My wife has never worked in the USA and is currently a stay at home mom taking care of my baby girl. Her father and sister currently live in the USA and she would like to return to the USA with myself and our daughter so she can be reunited with her family.


    Does she qualify to be my sponsor?

    She does not own property in the USA, nor have a job. I however have assets which far meet the minimum poverty guidelines. Will this suffice when filling out the I-864 form to meet the requirements?


    Do we need to fill in the I-864A?
    Would be she the sponsor on the I-864?


    Any tips for filling out this form?

    I believe we need to have domicile in the USA which we do not currently have, any tips on this?

    Our plan is to move to The USA once we get granted our Visas where we will then look for a home and jobs.

    Thank you

    Comment


    • #3
      Originally posted by rayb View Post
      1. If your wife is the natural mother of your 10-month-old daughter, you do not need to petition the child with an I-130. But you do need to report the child's birth to the U.S. Consulate with jurisdiction over the area where she was born, with the CRBA procedure.
      If his wife hasn't been physically present in the US before the daughter's birth for a total of 5 years, including 2 years after turning 14 (the 2 years after turning 14 part might not be met, since she moved out of the US when she was 7), then her daughter is not a US citizen.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Good point. That may be why the wife submitted a petition for the daughter, as the daughter might not have been eligible for CRBA processing.

        --Ray B

        Originally posted by newacct View Post
        If his wife hasn't been physically present in the US before the daughter's birth for a total of 5 years, including 2 years after turning 14 (the 2 years after turning 14 part might not be met, since she moved out of the US when she was 7), then her daughter is not a US citizen.

        Comment


        • #5
          Similar yet different

          Hey Everyone, I decided to reply to this as we have a similar situation.

          My wife (US citizen) and I (Canadian) want to more back to the states. For sponsorship, how long would my wife have to be working in the states to prove sole sponsorship? Both currently living in Canada, researching different options.

          Comment

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