NVC rejected I-864w want I-864

[beejay 123]

Filed I-130s for my stepchildren as their USC stepparent. My husband became a USC after we filed the petition but before we got to NVC. For AOS we sent in the I-864w along with his naturalization cert and checked "under 18, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon admission to the U.S"

Today we got an email from NVC saying they wanted an I-864. I called and the woman I talked to at first said she did not know who was qualified to file an I-864w. I explained that my stepchildren would be considered citizens once they entered the US on an immigrant visa because they are the children of a USC currently living in the US. She put me on hold and came back and told me that it was because I was the petitioner and not my husband.

Is she right?

[Ryan H 3,796]

Moved from IR-1/CR-1 Progress Reports to Bringing Family Members of US Citizens to America forum.

[Terca 6]

If you are the petitioner you need to send the affidavit of support form, she is right. It seems to me though, that you would still qualify to send the I-864W unless you don't meet the requirements listed on the instructions pertaining having met your stepkids in person and blah blah.

[aleful 1,905]

Filed I-130s for my stepchildren as their USC stepparent. My husband became a USC after we filed the petition but before we got to NVC. For AOS we sent in the I-864w along with his naturalization cert and checked "under 18, unmarried, immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon admission to the U.S"

Today we got an email from NVC saying they wanted an I-864. I called and the woman I talked to at first said she did not know who was qualified to file an I-864w. I explained that my stepchildren would be considered citizens once they entered the US on an immigrant visa because they are the children of a USC currently living in the US. She put me on hold and came back and told me that it was because I was the petitioner and not my husband.

Is she right?

yes she is right, if you filed for her, she will not become a USC through you. Now if her dad would have filed for her as a USC parent, because she will enter and derive citizenship from a parent,then he could have sent the i864W.

she will not derive citizenship through a stepparent so you have to send the i864 as the petitioner.

she is not your biological child or adopted child, she cannot derive citizenship through a stepparent.

[beejay 123]

If you are the petitioner you need to send the affidavit of support form, she is right. It seems to me though, that you would still qualify to send the I-864W unless you don't meet the requirements listed on the instructions pertaining having met your stepkids in person and blah blah.

I agree with you that since the kids would be citizens once they have entered we should be able to file the I-864w but they are being picky so we complied. Hopefully other people in this situation will be prepared when they get to the AOS NVC stage. I wonder if other adjudicators let it slide.

Even though I have met my stepkids and know them it is not a requirement for the petitioner to have met them like it is for a spousal visa. There are others on this site who have filed without having met their stepkids.

Thanks for the response.

[beejay 123]

yes she is right, if you filed for her, she will not become a USC through you. Now if her dad would have filed for her as a USC parent, because she will enter and derive citizenship from a parent,then he could have sent the i864W.

she will not derive citizenship through a stepparent so you have to send the i864 as the petitioner.

she is not your biological child or adopted child, she cannot derive citizenship through a stepparent.

That's basically the explanation the woman on the phone gave me after she put me on hold. I just didn't like her explanation as it seems like splitting hairs because the kids will get citizenship through their father, my husband, once they enter so in essence the purpose of the I-864 is void upon entry. At the time we filed he was an LPR which is why I petitioned them instead of them.

Oh well, packet is ready and will be sent off today. Yay paperwork.

I do feel less disgruntled if this was an oversight on my part rather than an arbitrary interpretation of the I-864w by someone who didn't know what they were talking about.

Thanks.

[lucy4 11]

That's basically the explanation the woman on the phone gave me after she put me on hold. I just didn't like her explanation as it seems like splitting hairs because the kids will get citizenship through their father, my husband, once they enter so in essence the purpose of the I-864 is void upon entry. At the time we filed he was an LPR which is why I petitioned them instead of them.

Oh well, packet is ready and will be sent off today. Yay paperwork.

I do feel less disgruntled if this was an oversight on my part rather than an arbitrary interpretation of the I-864w by someone who didn't know what they were talking about.

Thanks.

I already have both forms completed, and ready although Im far from the NVC process, but I think Im still going to try the W first. It will make my life just a tiny bit less complicated. lol

[beejay 123]

I already have both forms completed, and ready although Im far from the NVC process, but I think Im still going to try the W first. It will make my life just a tiny bit less complicated. lol

I'm rooting for you

Now I'm hoping I did just have a prickly adjudicator and you can get through with the W

[luvwtrNamy 2]

Beejay.

I think it's because there are multiple children. I think one of the requirements is that its only one beneficiary. http://travel.state.gov/visa/immigrants/info/info_3197.html this is the NVC pagethat tells you what form to use. Hope that helps?! I could be mixing the multiple beneficiary requirement with the EZ form. Good luck

[beejay 123]

Beejay.

I think it's because there are multiple children. I think one of the requirements is that its only one beneficiary. http://travel.state.gov/visa/immigrants/info/info_3197.html this is the NVC pagethat tells you what form to use. Hope that helps?! I could be mixing the multiple beneficiary requirement with the EZ form. Good luck

Thanks luvwtrNamy for the response That page makes everything more confusing because the table also says if "You are sponsoring a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA)", then "Complete an I-864W on your computer using CAPITAL letters". Nothing stating that it must be the qualifying parent who is the petitioner.

Oh well. I decided it was easier to just send the I-864 than try to convince NVC that I should be allowed to file the I-864w. The kids will still be able to apply for US passports once they get here - which we will do- so if NVC wants some extra papers for their file, fine.

Perhaps there is a rift in interpretation of who is eligible to file I-864w among the NVCers and I just got one who falls on the stricter side. I am curious to know if others in our situation have been able to file the I-864w.

Hopefully Lucy4 will keep us updated on what happens with her.

Thanks again! Hope you hear soon about the interview!!