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Is Part 3 on I-864 2018 different than that on I-864 2017?

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  • Is Part 3 on I-864 2018 different than that on I-864 2017?

    Hello,

    I am sponsoring my spouse and newborn child. My spouse is principal immigrant.
    On part 3, I checked yes on item 1 and 2 since they will be migrating to US at the same time.

    On the instruction it says I should list my newborn child information in the spaces provided in item number 2, but there is no such space to fill. The only spaces (item 4.a to 28) available are for item number 3 (which for family member immigrating more than six months) that doesn't apply to in my case.
    Version 2017 I-864 had these spaces (but no item no 3).

    Should I fill my child information in item 4.a?
    But in the instruction it clearly says that item number 4.a to 28 only for family members immigrating more than six months.

    What should I do here?

    Thanks in advance

  • #2
    Originally posted by positive668 View Post
    Hello,

    I am sponsoring my spouse and newborn child. My spouse is principal immigrant.
    Are you a US citizen or a permanent resident?

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

    Comment


    • #3
      Originally posted by newacct View Post
      Are you a US citizen or a permanent resident?
      I am permanent resident

      Comment


      • #4
        Originally posted by positive668 View Post
        I am permanent resident
        (I want to first note that if you married before you became your permanent resident, and you immigrated in a category that allows derivative beneficiaries, your spouse can immigrate as your derivative beneficiary, without needing to be petitioned. And if your child was born before you became a permanent resident, or after you became a permanent resident but into a marriage that existed from before the marriage, your child can also immigrate as your derivative beneficiary. Also, if the child was born after you became a permanent resident, and you are the mother who had the child during a temporary stay abroad, the child can also immigrate without needing an immigrant visa within 2 years of birth with your first return to the US after the child's birth. I'll assume that those don't apply.)

        To answer your question, you should check the box in item 2, and fill in the child's information in Family Member 1 (items 4a-8). The Family Members 1-5 is for all derivative beneficiaries, and then you would check the checkbox in item 2 or 3 (or both) depending on if the derivative beneficiaries are accompanying (i.e. immigrating within 6 months of the principal beneficiary, in which case you would check the box in item 2) or "following to join" (i.e. immigrate more than 6 months after the principal beneficiary, in which case you would check the box in item 3), or some derivatives are accompanying and some following to join, in which case you would check both boxes. The Family Members 1-5 don't "belong" to item 3 or item 2, but to both of them, potentially.

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

        Comment

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