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i864 for Parents and Spouse while residing abroad *HELP PLEASE*

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  • i864 for Parents and Spouse while residing abroad *HELP PLEASE*

    Hi, First of all, anyone who is trying to help here THANK YOU! I am really stuck on a few things

    So I am a US Citizen presently not in the USA living with my parents and spouse (Not US Citizens). I am planning to move to the US and want to apply for my family too. Petitioned separately for following
    1) Father (Financially Independent)
    2) Mother (dependent on my Father only)
    3) Wife (Not working, Dependant on me only)
    4) Daughter (Dependant on me only)

    Questions;

    1) Should I file from them once I am physically inside USA or is it OK if I plan to travel together with them. My Aunt is sponsoring us all (Fathers Sister - lives in USA)

    2) Form I-864 Separate for Mother and Father? E.g for my Fathers form I put him as a Principal Applicant but do I also put my mother in Family Memeber or No? Since I am filing from abroad (living with them) do I include them in my household on individual i864s? (For e.g ME WIFE DAUGHTER MOTHER = 4 or ME WIFE DAUGHTER MOTHER FATHER = 5 )

    3) My Aunt's joint sponsorship i864 could mention all of us (ME WIFE DAUGHTER MOTHER FATHER) or has to be separate for all (and does she mention me as I don't need sponsorship?)

  • #2
    1. For the I-864 you must be domiciled in the US, or plan to reestablish domicile in the US no later than when the immigrant immigrates. You can be domiciled in the US even if you do not live in the US. See the I-864 instructions for how to show that you are domiciled in the US even if you live abroad temporarily.

    2. Each petition needs a separate I-864, so there will be 4 I-864s. Each I-864 will only mention the immigrant immigrating on that petition, and not immigrants immigrating on other petitions. "Family members" refers to derivative beneficiaries, and none of your petitions have derivative beneficiaries (since they're not allowed in this category). However, spouse and dependent child have to be counted in the household size even if they're not among the immigrants. So, assuming your daughter is a young child, each of the I-864s for your father and mother will have a household size of 4, and each of the I-864s for your wife and daughter will have a household size of 3.

    3. Your aunt, the joint sponsor, must similarly file a separate I-864 for each petition, so she will file 4 I-864s. On each of the I-864s, the household size would be her household size + 1 (for the 1 immigrant on that petition).


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

    Comment


    • #3
      Hey!

      This helps alot. Just a follow up
      1) Since my Aunts Husband will be signing i864As so it would be one i864A attached with all the applications?
      2) Does my aunt have to print all the forms and sign them or can they be PDFs and signature page is scanned (That way she signs it once and includes them in all the 4 sets).
      3) Technically I am already domiciled in US, Physically I am in Pakistan but would be in US before their interview date. Should I mention my Physical address as Pakistan?

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      • #4
        1. yes, so 4 I-864s from your aunt and 4 I-864As from her husband (in addition to your 4 I-864s)
        2. I believe scanned is okay
        3. not sure

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

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