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Posted

I need to send the AOS for mi Wife and daughters. I'm trying to send today. Im not clear on if i need to fill out an I864W or a Regular I864 for my daughters 10 and 8 years old.

Here's my question, The requirements for the I-864W says

"child meeting the requirements of the Child Citizenship Act of 2000 (CCA) to become a U.S. citizen immediately upon entry under into the U.S."

So I checked the reqeuirements of the CCA and it says:

What Are the Requirements of the Child Citizenship Act of 2000?

The child must meet the following requirements:

Have at least one American citizen parent by birth or naturalization;

Be under 18 years of age;

Live in the legal and physical custody of the American citizen parent; and

Be admitted as an immigrant for lawful permanent residence.

In addition, if the child is adopted, the adoption must be full and final.

Now here's the problem it makes no sense it says Become a US Citizen upon entry", but then one of the requirements is "Live in the Legal physical custody of the American Citizen Parent"

They don't live with me they are out of the country.

Can Anyone shed some light on this, do my daughters living out of the country will become US citizens upon entry and if so So I use the I864W for them?

Filed: Country: Vietnam (no flag)
Timeline
Posted

If these are or biological or adopted children, then you can use the I-864w for them.

However, you will need to send the I-864 for your wife. Your household count here will include your daughters.

In the end, it doesn't matter if you file the I-864w or regular I-864 for your daughters since you have to count them in the I-864 for your wife.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
Now here's the problem it makes no sense it says Become a US Citizen upon entry", but then one of the requirements is "Live in the Legal physical custody of the American Citizen Parent"

They "live in the legal and physical custody of the US citizen parent" the moment they are standing on US soil with that parent, which can be the moment they step off the plane or meet up with that parent at the airport. They are "admitted for immigrant status" when they clear the immigration checkpoint at the airport. In other words, it's possible for all of the requirements to be met at the airport. In that case, they become US citizens upon entry.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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