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Hi,

Just wanna know which one is the right AOS form with I-130 petitioning a total of 3 children filed separately. The petitioner itself is a US citizen and biological mother of 3 children.

I m not sure if its the I-864EZ that needs to be sent to NVC.Thanks

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If the petitioner makes enough to sponsor (through salary or pension) the children and doesn't need a co-sponsor then I-864EZ should be fine.


F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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1. Why are these children not citizens already? Were they born before the mother became a citizen?

2. Are these minor children? If so, they will become citizens automatically upon immigrating, and they should do I-864W instead.

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I-864W is filed if you are exempt from filing the I-864.

I-864W is for minor children and exempt because they are immigrating as the children of a USC and will automatically become a USC once they enter the US.

'

This link is helpful: http://www.uscis.gov/us-citizenship/citizenship-through-parents

Edited by teeak

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Thank you for the info, actually i paid them all through mail and even the IV fee 3weeks ago but i dont see them paid yet in the portal, so is it okay to submit all the docs through mail including the AOS forms that i just printed out?

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Hi,

Just wanna know which one is the right AOS form with I-130 petitioning a total of 3 children filed separately. The petitioner itself is a US citizen and biological mother of 3 children.

I m not sure if its the I-864EZ that needs to be sent to NVC.Thanks

Hi,

A little more information please.

How old are the 3 children?

Double checking - the children will be coming to the US to live with their US citizen mother, correct?

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Yes,the 3 children are coming to US to

live with the mother, eldest is turning 20 this month, 2nd is turning 15 this month and youngest is 13. Is is I-864w or I-864ez?

Yes,the 3 children are coming to US to

live with the mother, eldest is turning 20 this month, 2nd is turning 15 this month and youngest is 13. Is is I-864w or I-864ez?

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The "w" in I-864w is for waiver. This is a waiver of the I-864 requirements because children under age 18 entering as LPR to live with a USC parent is automatically a US citizen. An LPR becoming a US citizen is one of the ways to end the I-864 requirements, so that's why the I-864w exist. File I-864w for the 15 years old and 13 years old. They will automatically become US citizens when they immigrate to the US to live with their USC mom.

You can not use the I-864w for the 20 years old since that child will not automatically acquire US citizenship. This child will remain an LPR (green card holder). File the I-864 if you plan to use your income AND assets to meet the 125% poverty line. Alternatively, you can use the I-864EZ if you are using only your W-2 income to meet the 125% poverty line.

Best of luck

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Hi, i really appreciate your time to help me with this. Thank you so much, oh one thing more, should I just send them through mail including the other docs since i paid thier IV fee already through mail also but could not see rhem

Paid yet in the portal?

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