NVC keeps sending mistaken checklist

[kitchen_princess 1]

My USC husband filed separate petitions for myself and our one-year-old son.

We received a first checklist a few weeks back, requesting that we fill out a I-864W for our son. This is an Exemption of AOS, for children of USCs who are eligible to obtain US citizenship as soon as they become permanent residents of the US.

The problem is, we are quite certain that our son is NOT eligible for immediate US citizenship.

Here is the info regarding the Child Citizenship Act: http://travel.state.gov/visa/immigrants/types/types_1312.html

If you only read the first requirements, then it appears that our son would be eligible. However, if you scroll down to the bottom of the page, you read the following requirement:

• 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.

My husband was born in the US, but moved shortly after and hasn't lived there since. He currently lives there, but has only been there for a few months. Neither of his parents is a USC. So it's pretty clear that our son is not eligible.

We called NVC after getting that first checklist and explained the situation. The representative was very nice, put me on hold while he checked the information, then told me we were correct, and that our son needed a regular AOS. He said the person reviewing our file must have been thrown off by the fact that my husband currently lives in the US. He told us to resend the AOS, with a note attached explaining the situation.

We did so, and today we received the exact same checklist requesting an I-864W!

I am furious about this, as our case should be complete by now and we apparently keep running into the same mistake. I will of course call NVC tonight, but has anyone run into this problem, or something similar? Is there any way I can have our case expedited, if I can prove this is their mistake? We shouldn't have to keep sending documents and waiting 2-3 weeks every time. Plus, how do I get guarantee this won't happen a third or fourth time?

The stupid part is, I'd understand if it was the other way around: if we kept sending an I-864W and they wanted proof of our son's eligibility, or a regular AOS. But the AOS requires much more work and information than the I-864W, which is just a waiver form. It's just blind bureaucracy!

[kitchen_princess 1]

Actually, nevermind... In case someone comes across a similar situation, I'll just report on how my conversation with the NVC representative went.

Basically, she was quite impatient with me (unlike the previous agent I'd spoken with). When I insisted that there seemed to be a misunderstanding, she told me I must have misread the Child Citizenship Act (not likely), but then admitted that she really didn't know. She didn't offer to actually check with anyone who might be better informed, but basically told me to just do as I was asked and send the I-864W. Which we're going to do, even though I'm still convinced it doesn't apply to our son. But I guess I'll explain the situation at the interview. It's not like we didn't try to sort this out... But if they're so determined to use this inappropriate form, then so be it.

[Mark88 185]

The residency requirements only count if your husband is trying to transfer his citizenship WITHOUT filing an I-130. In your case, your child will be USC when she enters the US with a green card. It's actually very similiar what happened to us. See these sections in this post:

--Child Report of Birth Abroad and it's denial--

--Automatic Citizenship through the Child Citizenship Act of 2000 (CCA)--

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

And the waiver is the correct form needed (I-864W).