US CITIZEN LIVING ABROAD PETIONING MINOR CHILD

[aaron2020 11,652]

OP is doing things correctly.

 

Petitioner got derivative US citizenship at age 17 with a green card and a USC parent.  She stayed mostly in the Philippines and went back and forth to the US as a green card holder.  She wasn't physically in the US for 5 years before giving birth at age 20, so her child could not derive US citizenship from her at birth and therefore can not file a CRBA.  She had to file an I-130. 

There was no way this child was going to get a non-immigrant B-2, so the I-130 is the correct route.  An N-600K is not simpler; the I-130 is simpler. 

The I-864 is required because the I-864w is no longer being used.  IR2 cases with beneficiaries who would enter the US after age 18 would not gain US citizenship under the CCA, so that is why the I-864 is still required in IR2 cases.  

Edited October 30, 2020 by aaron2020

[Chancy 6,250]

3 minutes ago, aaron2020 said:

The I-864 is required because the I-864w is no longer being used.   

 

There's an exception listed in the latest I-864 instructions --

 

The following types of intending immigrants do not need to file Form I-864:

[...]

2.  Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA);

 

That's why I'm wondering if NVC actually just wants evidence that the mom is moving back to the US.

 

[Mike E 11,765]

29 minutes ago, aaron2020 said:

There was no way this child was going to get a non-immigrant B-2, so the I-130 is the correct route. 

As opposed to an immigrant B-2? 😀

 

No way for the purpose of attending an N-600K appointment? Do tell.

 

29 minutes ago, aaron2020 said:

An N-600K is not simpler; the I-130 is simpler. 
 

If it were just an I-130, I might agree. But it is a DS-260, followed by an interview, followed by a passport application that needs a lot of documentation to get a passport, and even then an N-600 might be needed for some situations.

 

My way, the B-2 visa, requires fewer documents than an immigration visa. The child gets an interview in the USA, and walks out with certificate of citizenship. The passport is simpler to get.

[Chancy 6,250]

33 minutes ago, aaron2020 said:

IR2 cases with beneficiaries who would enter the US after age 18 would not gain US citizenship under the CCA, so that is why the I-864 is still required in IR2 cases.  

 

The IR2 beneficiary in this case is a 3 year old child of a USC, so the child would gain US citizenship upon entry to the US and an I-864 should not be required.

 

[amberammo9915 19]

1 hour ago, Mike E said:

 

 

Sorry I’m a dog with a bone.  

See section 102 of the child citizenship act.  
 

1. the child’s mother is a citizen  of the US

 

We know this true. 
 

2. The child’s mother was present in the USA for periods of at least 5 years, at least 2 of which were after age 14.  Or grandma is a citizen who has been physically present in the USA for periods of at least 5 and least 2 were after age 14.  
 

I am 99 percent one or both of the  above are true.  
 

3. the child is under age 18

 

We know this is true.  
 

4. the child is residing outside the USA in the legal and physical custody of the citizen parent.  
 

I will assume this is true.  Otherwise the entire thread is moot.  
 

5. The child must be temporarily present in the USA and entered the USA lawfully.  
 

Not true yet.  But the child just needs a B2 visa.  In parallel with filing for the B2, file an N-600K.  Once the child gets the N-600K appointment, the child attends an immigration appointment, takes oath of citizenship (one of the few cases where kids can take the oath) and is a citizen. 
 

So much simpler than all this green card and I-864 stuff.  

1-4 are correct. # 5 I think petitioning is more feasible as the mother has no means of income to  show that she can support her child unless the mother of the petitioner can issue affidavit of  support in securing for a B2 visa for the child?  Also during the pandemic applying for a B2 visa is more difficult. 

[amberammo9915 19]

8 minutes ago, Chancy said:

 

The IR2 beneficiary in this case is a 3 year old child of a USC, so the child would gain US citizenship upon entry to the US and an I-864 should not be required.

 

The minor child has a Philippine passport at the moment. I believe all petition requires I 864 from petitioner , my inquiry is because the Petitioner does not have source of income and never have filed an Income Tax as a US Citizen. As they were asking me and I have no idea what to say in this situation. 

[Chancy 6,250]

3 minutes ago, amberammo9915 said:

1-4 are correct. # 5 I think petitioning is more feasible as the mother has no means of income to  show that she can support her child unless the mother of the petitioner can issue affidavit of  support in securing for a B2 visa for the child?

 

There is no need to provide an affidavit of support for a child who will become a US citizen upon entry to the US.  There is no point because the I-864 obligation terminates once the immigrant becomes a citizen.

 

[amberammo9915 19]

3 minutes ago, Chancy said:

 

There is no need to provide an affidavit of support for a child who will become a US citizen upon entry to the US.  There is no point because the I-864 obligation terminates once the immigrant becomes a citizen.

 

I told them already that Petitioner even without income / tax return should submit I 864 as previously  advised. If this is a fact , then I will tell them otherwise? Any collaboration on this please? Thank you so much. 

[Chancy 6,250]

4 minutes ago, amberammo9915 said:

I believe all petition requires I 864 from petitioner , my inquiry is because the Petitioner does not have source of income and never have filed an Income Tax as a US Citizen. As they were asking me and I have no idea what to say in this situation. 

 

Incorrect.  Not all petitions require I-864.  The I-864 instructions include a list of the exceptions, one of which applies to an immigrant who will gain US citizenship upon entry to the US.  Please advise the petitioner to read the I-864 instructions.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf

 

[amberammo9915 19]

3 minutes ago, Chancy said:

 

Incorrect.  Not all petitions require I-864.  The I-864 instructions include a list of the exceptions, one of which applies to an immigrant who will gain US citizenship upon entry to the US.  Please advise the petitioner to read the I-864 instructions.

 

https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf

 

Thank you so much

[Chancy 6,250]

2 hours ago, amberammo9915 said:

She used to live here in US going back and forth but she stayed longer in the Philippines when she got pregnant and gave birth there. 

 

Just checking -- was the child born on or before June 11, 2017?

 

[Andresr 47]

Hi,I’m a usc living abroad since I’m 12 and going back to the states with y 2 kids 15 and 17 ,I did the I 130 ,then approved and moved to the nvc and I did not send i864, just A note saying that I don’t need a i864/because of the child act 2000 and I got DQ from the nvc waiting for the interview in ambassy ! 
but becareful you have to convince the consul that you intend to stay and live in the USA so the child  can get his visa.

if the child enters the USA as a legal resident and is living with a usc parent ,apply for a USA passport once he receives his ssn  you will send the child’s passport with the visa ,the usc us passport ,child’s original birth certificate ,and both parents must sign the application,if 1 parents is not present you have to have sole custody or a paper signed by the other parent giving permission for applying for the passport !

found this info about the passport here at this forum,,