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neilsqueen

I-864 or I-864W for IR-2

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Hello all,

I filed for my 10 year old stepdaughter on May 6, 2019.  In the meantime, my husband became a US Citizen YAY!!!!!  I have been searching the forums and discovered the I-864W.  Once her I-130 is approved, is it correct that we submit the I-864W instead of the I-864 since she will be a US Citizen upon arrive to the US?  Her father and I have been married for 5 years and she was almost 5 when we married.  Any help will be greatly appreciated!!!  Thanks to all in advance.

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Yes. She will derive citizenship upon entry on the IR-2 visa, so an I-864W is applicable.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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3 minutes ago, geowrian said:

Yes. She will derive citizenship upon entry on the IR-2 visa, so an I-864W is applicable.

@geowrian thank you soooooo much!!!  Do you know if we need to let USCS know now that my husband has since become a citizen or should we just send a copy of his naturalization certificate and copy of new US passport at the NVC stage?

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Posted (edited)
1 minute ago, neilsqueen said:

@geowrian thank you soooooo much!!!  Do you know if we need to let USCS know now that my husband has since become a citizen or should we just send a copy of his naturalization certificate and copy of new US passport at the NVC stage?

Either the US passport or certificate is fine to submit as evidence that her father is now a USC and therefore she will derive citizenship.

This can be done at NVC.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, geowrian said:

Either the US passport or certificate is fine to submit as evidence that her father is now a USC and therefore she will derive citizenship.

This can be done at NVC.

You're awesome sauce :goofy: thank you again!!

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19 minutes ago, angelbrown said:

Congratulations!! How did your husband study for the civics test? My husband is about to apply for his citizenship. We read that there are 100 questions but they ask 10. 

Thanks!! On www.uscis.gov there is a download of the 100 questions he will need to study.  Yes the requirement is 10 questions, however, if the first 6 questions are answered correctly, they will stop there.  He studied off and on for almost a year.  It took a few days shy of one year before his case was complete for citizenship.  He passed with just 6 questions.  He knew those answers in his sleep lol.  Best wishes to your husband.

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1 hour ago, neilsqueen said:

Thanks!! On www.uscis.gov there is a download of the 100 questions he will need to study.  Yes the requirement is 10 questions, however, if the first 6 questions are answered correctly, they will stop there.  He studied off and on for almost a year.  It took a few days shy of one year before his case was complete for citizenship.  He passed with just 6 questions.  He knew those answers in his sleep lol.  Best wishes to your husband.

Awesome. Yup we downloaded them. Thank you!!

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7 minutes ago, aleful said:

hi

 

if he is her stepfather, he can't derive citizenship, deriving citizenship is only if he is the biological or adoptive father.

 

so if he isn't her dad, then you will need to send the regular i864. now if you become a USC before she turns 18, then she can derive citizenship from you

 

but not from stepparents

 

Under 18 years of age and want to apply for naturalization based on your parents’ or adopted parents’ citizenship (see Questions 25 and 26 on pages 13-15 in A Guide to Naturalization for information on how to obtain citizenship).

Right - if he's not her biological father. I read it as the petitioner (OP) is the stepparent (" Her father and I..."). That is an assumption (the child could be from another marriage, although being left with a stepparent father is unusual), but usually a good one. ;)


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 minute ago, geowrian said:

Right - if he's not her biological father. I read it as the petitioner (OP) is the stepparent (" Her father and I..."). That is an assumption (the child could be from another marriage, although being left with a stepparent father is unusual), but usually a good one. ;)

sorry, I thought I had deleted it

 

I read it backwards so that's why I deleted it, he is the biological parent and she is the stepparent

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