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MulanQ

USC petition minor child living abroad - what forms to file?

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Hi All,

 

I'm a naturalized USC mother who want to petition my bio minor child (10yr old) who is currently living abroad with his bio father. I'm confused what forms to file:

- I-130 (for sure)

- I-485 ???

- I-864 or I-864 EZ or I-864W (I'm currently employed, my income is 6 figures so I don't have financial support issue, just want to make sure what is the right form to file) ?

 

And should I file all forms at the same time, or should I file I-130 first, then wait for approval before filing the I-485 (if needed) and I-864/864EZ/864W

 

Thank you very much in advance. Greatly appreciate any help. 🙏

 

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18 minutes ago, MulanQ said:

 

And should I file all forms at the same time, or should I file I-130 first, then wait for approval before filing the I-485 (if needed) and I-864/864EZ/864W

 

You need to file form I-130 with USCIS first. You do not do anything with the I-485, that’s if your child is inside the US. Once the I-130 is approved (could be anywhere from 8-12 months) USCIS will then forward the petition to the NVC where you need to provide additional documents including the Affidavit of support. You can use form I-864EZ if you are the petitioner, your income alone qualifies and the child is the only beneficiary. Or you can do the I-864, it just ask for more information. The I-864 is like the base, when in doubt, use the I-864. The other ones apply to different specific circumstances.

 

Once all the supporting docs are received by the NVC, they will forward it to the nearest Embassy/Consulate where the child reside. He/she need to go to the Consulate to attend an interview and get the immigrant visa. The child can use the immigrant visa to enter the US. I also believe the child will automatically be granted US citizenship because he/she will be less than 18 when enter, and will be in your custody, a US citizen.

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18 hours ago, USS_Voyager said:

You need to file form I-130 with USCIS first. You do not do anything with the I-485, that’s if your child is inside the US. Once the I-130 is approved (could be anywhere from 8-12 months) USCIS will then forward the petition to the NVC where you need to provide additional documents including the Affidavit of support. You can use form I-864EZ if you are the petitioner, your income alone qualifies and the child is the only beneficiary. Or you can do the I-864, it just ask for more information. The I-864 is like the base, when in doubt, use the I-864. The other ones apply to different specific circumstances.

 

Once all the supporting docs are received by the NVC, they will forward it to the nearest Embassy/Consulate where the child reside. He/she need to go to the Consulate to attend an interview and get the immigrant visa. The child can use the immigrant visa to enter the US. I also believe the child will automatically be granted US citizenship because he/she will be less than 18 when enter, and will be in your custody, a US citizen.

USS- Voyager, thank you so much for your response. ❤️

 

My confuse with the I-864W was because my son would automatically be granted USC upon arrival as you said. And the I-864W instruction states that:

 

"You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or adjustment of status if any of the following apply:

...

The intending immigrant is a child who will become a U.S. citizen upon entry under INA section 320." 

 

A child becomes a citizen under INA section 320 if:

A. At least one parent of the child is a U.S. citizen;  (Yes, I - his bio mother who is the petitioner - is a USC)

B. The child is under 18 years of age;  (Yes, he is 10 years old)

C. The child is residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted for permanent residence.  (Yes, he will stay with me in the US upon arrival)

 

 

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15 minutes ago, MulanQ said:

USS- Voyager, thank you so much for your response. ❤️

 

My confuse with the I-864W was because my son would automatically be granted USC upon arrival as you said. And the I-864W instruction states that:

 

"You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or adjustment of status if any of the following apply:

...

The intending immigrant is a child who will become a U.S. citizen upon entry under INA section 320." 

 

A child becomes a citizen under INA section 320 if:

A. At least one parent of the child is a U.S. citizen;  (Yes, I - his bio mother who is the petitioner - is a USC)

B. The child is under 18 years of age;  (Yes, he is 10 years old)

C. The child is residing in the United States in the legal and physical custody of the U.S. citizen parent after having been lawfully admitted for permanent residence.  (Yes, he will stay with me in the US upon arrival)

 

 

Actually I stand corrected. You are right, you can use the I-864W. See, you’re already better than me at this.

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You just need the I-130 to start and then file the I-864W when it gets to the NVC.   You will also need written permission from the father for the process.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

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October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

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