I'm confused, should I file for AOS exemption I-864w?

[uscmom 0]

I am completely lost, please enlighten me. Will my children (8 and 13 years old) arrive here is U.S. as USC since I became a naturalized Citizen last year? What kind of I-864 should I send? I-864 or the exemption I-864w?

I paid the I-864 fee yesterday and I want to make sure I send the correct AOS. I read in one forum that RFE was sent because she sent I-864 instead of the I-864w. Anyone in this scenario, please let me know.

Thanks a lot fellow VJers.

[trailmix 77]

For the answer to this you need to look at the Child Citizenship Act of 2000

Here are the provisions for children born outside the U.S.:

•At least one parent of the child is an American citizen by birth or naturalization.

•The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child's American citizen parent cannot meet the physical presence requirement, it is enough if one of the child's American citizen grandparents can meet it.

•The child is under the age of eighteen.

•The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.

I'm no expert on this, but at the very least they probably don't qualify for the I-864W based on that last item. Have you been physically present in the U.S. for at least 5 years?

[jlvr 1]

I was just coming on here to ask about the I864W. After submitting the DS230 and I864 for my stepchildren, I have received a notice that I need to submit the I864W. I'm confused because none of the options seem to apply to my stepchildren. I assume that by US Citizen parent they mean biological parent and not stepparent.

Has anyone experienced this?

[jlvr 1]

Okay, I just called NVC. The rep said that it was their error, I was correct in submitting the I864.

[totosan 0]

This link may answer your question.

http://www.uscis.gov/files/pressrelease/afdptcca.pdf

[uscmom 0]

This link may answer your question.

http://www.uscis.gov/files/pressrelease/afdptcca.pdf

Thanks for all the response and suggested links. From my readings, I have to send the I-864 which I already did today. We'll see if they get back and ask for I-864w.... hopefully not.

Thanks again