AOS and I-864
Nov 29th 2018, 8:41 pm
#16
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Re: AOS and I-864
That does not really make much sense but yes they are part of your household presumably.
Nov 29th 2018, 9:02 pm
#17
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Re: AOS and I-864
Hi David,
Thank you, part 3 of the application states do not include any relatives listed on a separate visa petition? This is why I’m confused!! I’m also lead to believe that I need to complete an I-864w for my children as they will automatically become us citizens under the child citizenship act of 2000 upon admission.
Thank you, part 3 of the application states do not include any relatives listed on a separate visa petition? This is why I’m confused!! I’m also lead to believe that I need to complete an I-864w for my children as they will automatically become us citizens under the child citizenship act of 2000 upon admission.
Nov 29th 2018, 9:23 pm
#18
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Re: AOS and I-864
You may not need to sponsor the children effectively but they would be part of your household and would need to be counted in when you are looking to sponsor someone.
Nov 29th 2018, 9:25 pm
#19
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Re: AOS and I-864
Hi David, great thank you 
Nov 29th 2018, 9:38 pm
#20
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Re: AOS and I-864
They will be part of your total household size, but they will need I-864W.
Why are you waiting on filing the kids I-130s? If you file them now, maybe they can interview everyone as a family. Otherwise, your husband might have to immigrate before the kids! Sounds like you are all in the UK right now. You know that when your husband enters the USA using his immigrant visa, you need to be with him, right? And if the kids don't have their immigrant visas by then, they can only come on the VWP and you'll be going back with them for their visa interviews in the UK.
I would file their I-130s sooner rather than later, in hopes of moving over as a family unit.
Rene
Why are you waiting on filing the kids I-130s? If you file them now, maybe they can interview everyone as a family. Otherwise, your husband might have to immigrate before the kids! Sounds like you are all in the UK right now. You know that when your husband enters the USA using his immigrant visa, you need to be with him, right? And if the kids don't have their immigrant visas by then, they can only come on the VWP and you'll be going back with them for their visa interviews in the UK.
I would file their I-130s sooner rather than later, in hopes of moving over as a family unit.
Rene
Nov 30th 2018, 1:37 pm
#21
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Re: AOS and I-864
Thank you Rene , I think that’s what we are going to do!! We didn’t want to pay out all the fees for the children if my husbands application was rejected. We all live in he UK and have done including myself for a long time and now wanting to move back to the US to be closer to my family. Fingers crossed he gets approved.
Nov 30th 2018, 1:57 pm
#22
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Re: AOS and I-864
Certainly something you can do and of course the children can follow later. And to be fair something that seems not uncommon elsewhere but unusual for UK petitioners.
Is there a particular issue with your Husbands case?
Is there a particular issue with your Husbands case?
Nov 30th 2018, 2:03 pm
#23
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Re: AOS and I-864
No it’s all going smoothly, I in fact it’s all happened a little quicker than we though. I just know how difficult it can be so if my husbands application was rejected I wouldn’t be leaving him back here in the UK. My children obviously have more of a chance of having their applications approved. We ideally all want to travel as a family but didn’t want to loose money. I’m sure it will all work out as thee things do.
Nov 30th 2018, 3:42 pm
#24
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Re: AOS and I-864
By that he means is your husband a bearer of a communicable disease or STD? Does he have a criminal history of CIMT that might warrant a waiver? Why do you feel there is even the slightest chance that his petition would be denied. Once approved he has to move to the US permanently before the expiration date of his medical. Your children's petition will take a heck of a lot longer than that. Have you really given this full thought? It is extremely rare for a USC to have their foreign spouse's visa denied unless it were for the reasons above. I understand your desire to save money but in your case time is money. Now your husband will have to take a flight to the US to activate the visa and another flight back to the UK to continue living there while you wait for the children's visas. I really do not understand such pessimism. Plus he jeopardizes his PR status if he is out of the US for more than 6 months waiting for the children's visas.
Last edited by Rete; Nov 30th 2018 at 3:49 pm.
Nov 30th 2018, 4:07 pm
#25
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Re: AOS and I-864
In fact, factor in for costs that both parents will have to fly to the USA to activate the visa, as the US citizen spouse has to arrive with or before the UK immigrant visa holder. All that may end up nearly as expensive as applying for all at once.
Nov 30th 2018, 4:10 pm
#26
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Re: AOS and I-864
There is also the Domicile issue. Probably a few other things.
Nov 30th 2018, 4:46 pm
#27
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Re: AOS and I-864
The domicile issue is a non-issue. They will be living with her parents until they have a home of their own.
For the UK, domicile in the US has never really been a prohibitive factor in granting of the visa. And please do not elude to things that you are not willing to voice and perhaps be called to explain or have refuted.
For the UK, domicile in the US has never really been a prohibitive factor in granting of the visa. And please do not elude to things that you are not willing to voice and perhaps be called to explain or have refuted.
Nov 30th 2018, 4:49 pm
#28
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Re: AOS and I-864
And leave the children behind?
Nov 30th 2018, 5:00 pm
#29
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Re: AOS and I-864
For a weekend trip? Why not. I'm sure they can stay with their grandparents or aunts and uncles.
Nov 30th 2018, 5:03 pm
#30
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Re: AOS and I-864
And then later they turn up at the Consulate with the children showing the same domicile that they did not use for the husband, well I guess the Consulate may not be aware.