Confused about afidavit

[Cocos123 5]

I would appreciate if someone could help me. Im filing the form I-864 (Afidavit). Im a sponsor of my wife and my child. I've filled one separate I-130 (Petition) form for my wife and one separate I-130 (Petition) form my 2 years old child. Should I fill in now two separate I-864 forms for them: one I-864 for my wife and one I-864 for my child? More over, in the I-864 item no. 2 it is said: do not include any relative listed on a separate visa petition. Im really confused on about how many I-864 forms should I fill in. 

[JeanneAdil 6,291]

2 year old came on tourist visa?

is this your biological daughter and u a USC?

if so,  why haven't u applied for her US citizenship and US passport?

[Cocos123 5]

16 minutes ago, JeanneAdil said:

2 year old came on tourist visa?

is this your biological daughter and u a USC?

if so,  why haven't u applied for her US citizenship and US passport?

Yes, this is my biological daughter and Im a USC. An American passport can be issued after the one resides in the US many years.

[Dashinka 23,418]

9 minutes ago, Cocos123 said:

Yes, this is my biological daughter and Im a USC. An American passport can be issued after the one resides in the US many years.

Did you gain USC via naturalization, or by birth?  If by naturalization, I assume you meet the 5 year physical presence requirement to pass on citizenship to your daughter after she was admitted with her visitor visa.   Maybe @Mike E will weigh in as he is well versed on the topic.

 

Good Luck!

 

P.S.  Overall, you and your daughter may meet all the requirements for filing the N600K for her.

 

A. General Requirements: Child Residing Outside the United States^[1]

The Child Citizenship Act of 2000 (CCA) amended the Immigration and Nationality Act (INA) to cover foreign-born children who did not automatically acquire citizenship under INA 320 and who generally reside outside the United States with a U.S. citizen parent.^[2]

A child who regularly resides outside of the United States is eligible for naturalization if all of the following conditions have been met:

• The person is a child ^[3] of a parent who is a U.S. citizen by birth or through naturalization (including an adoptive parent);^[4]

• The child’s U.S. citizen parent or citizen grandparent meets certain physical presence requirements in the United States or an outlying possession;^[5]

• The child is under 18 years of age;

• The child is residing outside of the United States in the legal and physical custody of the U.S. citizen parent, or of a person who does not object to the application if the U.S. citizen parent is deceased; and

• The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization.

There are certain exceptions to these requirements for children of U.S. citizens in the U.S. armed forces accompanying their parent outside the United States on official orders.^[6] 

B. Eligibility to Apply on the Child’s Behalf

Typically, a child’s U.S. citizen parent files a Certificate of Citizenship application on the child’s behalf. If the U.S. citizen parent has died, the child’s citizen grandparent or the child’s U.S. citizen legal guardian may file the application on the child’s behalf within 5 years of the parent's death.^[7] 

C. Physical Presence of the U.S. Citizen Parent or Grandparent^[8]

1. Physical Presence of Child’s U.S. Citizen Parent

A child’s U.S. citizen parent must meet the following physical presence requirements:

• The parent has been physically present in the United States or its outlying possessions for at least 5 years; and

• The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-5

 

 

Edited April 25, 2022 by Dashinka

[JeanneAdil 6,291]

4 minutes ago, Cocos123 said:

Yes, this is my biological daughter and Im a USC. An American passport can be issued after the one resides in the US many years.

U could have done the proof before she came and gotten her US passport already if u had already gotten your citizenship

 

A child can also obtain U.S. citizenship through parents after his or her birth. Derivative citizenship may be established after birth but before the age of 18. If you have a parent that became a U.S. citizen after your birth and met a few other requirements, you could be a U.S. citizen automatically through this path.Jan 19, 2021

[JeanneAdil 6,291]

8 minutes ago, Cocos123 said:

Yes, this is my biological daughter and Im a USC. An American passport can be issued after the one resides in the US many years.

i see nothing mentioned on this site that says a child has to live here 2 years to become a citizen

 

https://www.us-passport-service-guide.com/i-am-usa-citizen-and-my-child-is-not-can-she-get-usa-passport.html

 

MikeE  ?????

any explanation?

[Dashinka 23,418]

5 minutes ago, JeanneAdil said:

i see nothing mentioned on this site that says a child has to live here 2 years to become a citizen

 

https://www.us-passport-service-guide.com/i-am-usa-citizen-and-my-child-is-not-can-she-get-usa-passport.html

 

MikeE  ?????

any explanation?

The only residency requirement is for the USC parent.  If the USC parent had been living abroad for a long period and recently repatriated, that could lead to the 2 year after the age of 14 scenario for the parent.  We need a little more info from the OP.

Edited April 25, 2022 by Dashinka

[Cocos123 5]

I became USC a year ago through naturalisation. Have been living in the USA for more then 20 years. Anyway, my wife isn't USC, now Im trying to get green cards for both: wife and a child. But got confused about afidavit form.

[Dashinka 23,418]

2 minutes ago, Cocos123 said:

I became USC a year ago through naturalisation. Have been living in the USA for more then 20 years. Anyway, my wife isn't USC, now Im trying to get green cards for both: wife and a child. But got confused about afidavit form.

OK, you should be able to file the N600K for your daughter based on my reading and she would jump right to citizenship.  Both parents do not need to be USC's to pass it on to the child.

Edited April 25, 2022 by Dashinka

[Cocos123 5]

22 minutes ago, Dashinka said:

OK, you should be able to file the N600K for your daughter based on my reading and she would jump right to citizenship.  Both parents do not need to be USC's to pass it on to the child.

According to the instruction of n600K instruction (also according to your reading) "The child's US citizen parent has been physically present in the US for a period or periods totaling at least 5 years". I became a USC a year ago, that would mean that as a USC i have been staying in the USA for a year (despite the fact that Ive been in the USA for 20 years with green card). Am I right interpreting this way? Could someone help me with the affidavit form? 😕

[Dashinka 23,418]

47 minutes ago, Cocos123 said:

According to the instruction of n600K instruction (also according to your reading) "The child's US citizen parent has been physically present in the US for a period or periods totaling at least 5 years". I became a USC a year ago, that would mean that as a USC i have been staying in the USA for a year (despite the fact that Ive been in the USA for 20 years with green card). Am I right interpreting this way? Could someone help me with the affidavit form? 😕

You have to read the fine print.  You say you have been present in the US for 20 years, and time prior to becoming a USC counts toward the 5 year requirement.

 

Good Luck!

 

1. Physical Presence of Child’s U.S. Citizen Parent

A child’s U.S. citizen parent must meet the following physical presence requirements:

• The parent has been physically present in the United States or its outlying possessions for at least 5 years; and

• The parent met such physical presence for at least 2 years after he or she reached 14 years of age.

A parent’s physical presence is calculated in the aggregate and includes time accrued in the United States during periods when the parent was not a U.S. citizen.

[JeanneAdil 6,291]

Basically u are not sponsoring the child in the I 864 (as u can apply with N600 for the 2 year old to be a citizen)  but the child needs to be listed under (your name if hopefully your name is on birth certificate)  children for the income requirements for size of the family

[nastra30 2,067]

1 hour ago, Cocos123 said:

According to the instruction of n600K instruction (also according to your reading) "The child's US citizen parent has been physically present in the US for a period or periods totaling at least 5 years". I became a USC a year ago, that would mean that as a USC i have been staying in the USA for a year (despite the fact that Ive been in the USA for 20 years with green card). Am I right interpreting this way? Could someone help me with the affidavit form? 😕

Op, I think you are confusing things. Based on what you've said, your child as soon as admitted on US soil based on your petition is automatically a USC. Physical presence is physical presence and even applies to those in the country illegally; you meet that requirement having been in the US for 20years+. Apply for a US passport for your child when they are admitted to the US. Optionally you can also apply for N-600 for the child. 

No need for your child to get the physical green card and therefore no need to pay $220 USCIS immigrant fee for the child.

Edited April 25, 2022 by nastra30

[Cocos123 5]

1 hour ago, nastra30 said:

Op, I think you are confusing things. Based on what you've said, your child as soon as admitted on US soil based on your petition is automatically a USC. Physical presence is physical presence and even applies to those in the country illegally; you meet that requirement having been in the US for 20years+. Apply for a US passport for your child when they are admitted to the US. Optionally you can also apply for N-600 for the child. 

No need for your child to get the physical green card and therefore no need to pay $220 USCIS immigrant fee for the child.

But my child was born when I still was a permanent resident (and not USC) and I think this is what wouldn't allow me to apply for form 600.

[nastra30 2,067]

24 minutes ago, Cocos123 said:

But my child was born when I still was a permanent resident (and not USC) and I think this is what wouldn't allow me to apply for form 600.

Doesn't matter. Your child is currently not a USC since they are outside the US. Since you are now a citizen and have had more than 5+ years physical presence in the US. When your child (Non-USC) is petitioned to the US and is admitted your child then automatically transitions to that of a USC by law. Again, apply for your child's US passport when they come to the US; no need for physical green card. And yes, you can apply for form N-600 optionally too.

 

 

Edited April 25, 2022 by nastra30