I NEED HELP PLEASE!

[TravellingNomad 12]

hi JVers,

i just got off the phone with NVC regarding AOS forms. i asked since my other two cases were for minor children, if i will need to submit completed AOS form for them as well. the rep told me that for minor children, it will be a different form. i looked on the instruction link that was on the payment portal, and i don't see anything which tells me which form it is the rep was talking about. so i asked her if she could tell me which one it would be out of the list im looking at, she flat out told me "i am not allowed to tell you which form you need to use. based on what i said, i already gave you enough clues". im so confused because i can't find in the AOS instructions link which form i need because out of the list, i fill out the I-864. but i double checked with the rep by asking "there's the I-864 for my wife and then a separate form for each of the kids that is not the I-864?" and her answer was in the affirmative.

can anybody who petitioned his wife and biological kid(s) help me by letting me know which form it is i need? or if someone knows, can you please tell me? help is greatly appreciated!

[Deputy Purple 1,294]

It's the same form filled out slightly differently (i.e. with the child as the intended immigrant).

Leave section 9 blank on both forms.

On your wife's include the child(ren) in section 21 (Dependant Children), on the Child's include your wife in section 21.

Each AOS Packet will include the exact same evidence. If you have originals submit them with the wife's and include copies with the child(ren)'s..

[TravellingNomad 12]

thanks for the response Bob 4 Anna.

but after i posted...i called NVC again and spoke to another NVC phone rep. he told me that if the child is a biological child of mine and under the age of 18, i would need to complete the I-864W form for both my minor sons. so i checked on the instructions and it said that was the form for a child who will become a citizen immediately upon entry under the Child Citizenship Act of 2000.

so i checked the CCA here http://travel.state.gov/visa/immigrants/types/types_1312.html and one of the requirements is "Live in the legal and physical custody of the American citizen parent". but since my child is still in the Philippines, that would mean that he does not qualify for this CCA. does that mean that I-864W does not apply? am i looking into this too much with a magnifying glass?

so do i just go with the regular I-864 that i have already completed and just change the info based on what you said for the kids?...or fill out the I-864W like NVC said.

im more inclined to follow your advise because you completed the process...as opposed to the rep i spoke with who probably did not have to petition wife and kids from another country.

Edited September 7, 2010 by TravellingNomad

[Deputy Purple 1,294]

Your child can't become a US Citizen from your very recent naturalization. You didn't meet the requirements at their time of birth.

[Ronald and Elvira 0]

Are you a USA Citizen? if yes then "I 864W"

the instruction notes

Intending immigrant is a child who will become a U.S.

citizen immediately upon entry under the Child

Citizenship Act of 2000 (CCA). Under the CCA, some

children become U.S. citizens immediately upon admission

to the United States or adjustment of status to that of a

lawful permanent resident. For this classification to apply:

(2)

At least one parent of the child is a U.S. citizen;

The child is under 18 years of age at the time of

admission or adjustment of status;

Which Children Automatically Become Citizens Under the New Law?

Beginning February 27, 2001, certain foreign-born children—including adopted children—currently residing permanently in the United States will acquire citizenship automatically. The term "child" is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of "child" for naturalization purposes under immigration law1 and must also meet the following requirements:

The child has at least one United States citizen parent (by birth or naturalization);

The child is under 18 years of age;

The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;

The child is a lawful permanent resident;

An adopted child meets the requirements applicable to adopted children under immigration law2

the key is Legal Permenet resident which he will be when he enters the USA

If he is your biological child

in part 2 check the second box

make sure you put your child's name in Part 3 and sign it with your name

once your children are here they will LPR's until you file for citizenship for the USA

Question?

did you file for Children born aboard? and get them USA Passports?

Edited September 7, 2010 by Ronald and Elvira

[TravellingNomad 12]

Are you a USA Citizen? if yes then "I 864W"

the instruction notes

Intending immigrant is a child who will become a U.S.

citizen immediately upon entry under the Child

Citizenship Act of 2000 (CCA). Under the CCA, some

children become U.S. citizens immediately upon admission

to the United States or adjustment of status to that of a

lawful permanent resident. For this classification to apply:

(2)

At least one parent of the child is a U.S. citizen;

The child is under 18 years of age at the time of

admission or adjustment of status;

Which Children Automatically Become Citizens Under the New Law?

Beginning February 27, 2001, certain foreign-born children—including adopted children—currently residing permanently in the United States will acquire citizenship automatically. The term "child" is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of "child" for naturalization purposes under immigration law1 and must also meet the following requirements:

The child has at least one United States citizen parent (by birth or naturalization);

The child is under 18 years of age;

The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;

The child is a lawful permanent resident;

An adopted child meets the requirements applicable to adopted children under immigration law2

the key is Legal Permenet resident which he will be when he enters the USA

If he is your biological child

in part 2 check the second box

make sure you put your child's name in Part 3 and sign it with your name

once your children are here they will LPR's until you file for citizenship for the USA

Question?

did you file for Children born aboard? and get them USA Passports?

thanks for responding. yes, i am a US citizen. and no i did not file for children born abroad because when my two sons were born, I was not a citizen yet. so are you saying that once my two sons enter the US, since i am already a US citizen when they enter as an LPR, they will automatically become a US citizen?