Questions regarding I-864W

[luckymom 0]

The wording of the qualifications for using I-864W seems quite ambiguous to me. Here is what appears on the NVC site here:

http://www.uscis.gov/files/form/I-864w.pdf

under the "How is this form used?" section, it says "You must use this form instead of Form I-864 with your application for an immigrant visa or adjustment of status if any of the following apply:"

1. (1)You have earned (or can be credited with) 40 quarters of coverage under the Social Security Act (SSA). If you have 40 quarters or SSA coverage, you are exempt from the requirement to file Form I-864. You can acquire 40 qualifying quarters in the following ways:

By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act with quarters worked by your spouse during the marriage or a parent during the time you were under 18 years of age; or

Working in the United States for 40 quarters in which you received the minimum income established by the Social Security Administration; or

A combination of the above.

If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which the spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you have or can be credited with 40 quarters of coverage.

That one is clear enough. That is not where the ambiguity lies. The second condition, however, says:

Intending immigrant is a child who will become a U.S.citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA). Under the CCA, some children become U.S. citizens immediately upon admission to the United States or adjustment of status to that of a awful permanent resident. For this classification to apply:

(2) At least one parent of the child is a U.S. citizen;

What EXACTLY does that mean? Biological parent, or is step parent allowed? I am a Filipino who married an American May 1, 2008. My 2 boys were fathered by my first husband (Filipino) and born in the Philippines (where they still currently reside). Is the condition above satisfied by my new marriage?

The child is under 18 years of age at the time of admission or adjustment of status;

Very clear...no problem here.

The child is residing permanently in the United States in the legal and physical custody of the U.S. parent; and

Does that mean "if the child WILL BE residing permanently in the US" or "if the child HAS BEEN residing permanently in the US"? Since the form originates from US-CIS, I guess it could mean either one. Does anyone have a more thorough understanding of that condition?

If the child is an alien orphan child adopted abroad, the adoption was legally finalized prior to admission to the United States and both adoptive parents or the unmarried U.S. citizen parent personally observed the alien orphan before or during the adoption proceeding.

(3) You are filing for an immigrant visa as a self-petitioning battered spouse or child. If you are filing as a self-petitioning battered spouse or child using Form I-360, you are exempt from the Affidavit of Support requirements if your Form I-360 is approved and you are applying for lawful permanent residence.

(4) If the citizen parent(s) adopted the alien orphan abroad,but at least one of the adoptive parents or the unmarried parent did not see and observe the alien orphan before or during the foreign adoption proceeding, then an affidavit of support under this part is still required unless the citizen parent submits evidence that, under the law of the state of the alien orphan's intended residence in the United States, the foreign adoption decree is entitled to recognition without the need for a formal administrative or judicial proceeding in the State of proposed residence.Orphans whose adoptions are not legally finalized until after admission to the United States will not qualify for this exemption and must file a Form I-864.

This doesn't apply to me, but it seems clear enough.

Thoughts?