Recieved RFE that no one can resolve! HELP

[eklondon 0]

Short Story,

Received RFE as I filled out a I864 instead of a I864W for my children.

I call NVC and they advised I only needed to fill out the 864w cause my children fall under the Child Citizenship Act of 2000 (Option number 2 to check on the 1864w).

Her is my Issue:

The Child Citizenship Act of 2000 states "has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years."

I have lived in the US for a total of 8 years (Birth to age 8) moved back to the US 8 months ago.

So If i check off this box, one - i will be lying on the application

two - I shouldn't have even started this process and should get all my fees back

AAAARRRRRGGGGG!!!!

[trailmix 77]

Short Story,

Received RFE as I filled out a I864 instead of a I864W for my children.

I call NVC and they advised I only needed to fill out the 864w cause my children fall under the Child Citizenship Act of 2000 (Option number 2 to check on the 1864w).

Her is my Issue:

The Child Citizenship Act of 2000 states "has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years."

I have lived in the US for a total of 8 years (Birth to age 8) moved back to the US 8 months ago.

So If i check off this box, one - i will be lying on the application

two - I shouldn't have even started this process and should get all my fees back

AAAARRRRRGGGGG!!!!

The Child Citizenship Act doesn't seem to apply to your children - so it sounds like you have been given misinformation - not surprising at all.

What you need to do now it call the NVC and ask to speak with a supervisor and explain the situation to them. They will tell you it will take around 10 days to review your files - it probably won't take that long.

[eklondon 0]

Short Story,

Received RFE as I filled out a I864 instead of a I864W for my children.

I call NVC and they advised I only needed to fill out the 864w cause my children fall under the Child Citizenship Act of 2000 (Option number 2 to check on the 1864w).

Her is my Issue:

The Child Citizenship Act of 2000 states "has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years."

I have lived in the US for a total of 8 years (Birth to age 8) moved back to the US 8 months ago.

So If i check off this box, one - i will be lying on the application

two - I shouldn't have even started this process and should get all my fees back

AAAARRRRRGGGGG!!!!

The Child Citizenship Act doesn't seem to apply to your children - so it sounds like you have been given misinformation - not surprising at all.

What you need to do now it call the NVC and ask to speak with a supervisor and explain the situation to them. They will tell you it will take around 10 days to review your files - it probably won't take that long.

I have called and requested to speak with a supervisor 3x's now. They have all responded with you "should read the instructions and fill out the form". If my kids are exempt, why waste time with the rfe and why not just accept the I864?? Just venting again.

[trailmix 77]

I have called and requested to speak with a supervisor 3x's now. They have all responded with you "should read the instructions and fill out the form". If my kids are exempt, why waste time with the rfe and why not just accept the I864?? Just venting again.

I can understand your venting, you are now being held up at the NVC when you have in fact provided the correct documentation.

I had a really helpful supervisor when I called and she straightened it all out, too bad you didn't find anyone willing to help you out.

I have heard that if they send you 2 RFE's for the I-864 and the correct documents are not submitted that they will then just forward it on to the consulate for interview (perhaps someone else can verify it).

It does make sense what you are saying, why don't they just accept the I-864 - doesn't hurt anything! The only other suggestion I would make is that perhaps you can email Montreal and explain the situation to them, alternately, since you are in the U.S., maybe you could make an infopass?

[eklondon 0]

Sooo, called NVC asked about the 3 kids cases (I shipped the form overnight yesterday... "It must be in the mail room"

So the kids cases are holding things up as MY WIFE's case when I called mentioned that a letter was sent out 6/29 stating there was missing information.

But when I spoke to the operator, her case is COMPLETE !!!!!

and don't want to jinx anything but my offer on a home here in AZ may have just been accepted!!!!!

[trailmix 77]

Sooo, called NVC asked about the 3 kids cases (I shipped the form overnight yesterday... "It must be in the mail room"

So the kids cases are holding things up as MY WIFE's case when I called mentioned that a letter was sent out 6/29 stating there was missing information.

But when I spoke to the operator, her case is COMPLETE !!!!!

and don't want to jinx anything but my offer on a home here in AZ may have just been accepted!!!!!

That's great

[NArocks 13]

Man I hope they get this poo straight quick. Now with the AZ thing happening you do not need any more hang ups. Wishing you the best as always

Edited July 9, 2009 by NArocks

[eklondon 0]

Finally spoke to someone who has worked at NVC for a while now and she recongnized my concerns about filling out the form. She mentioned to me that it is better this way and even though the form mentions the Child Citizenship act, it does not follow the act to a T. It is there for a reference and she also told me it is better 'cause once my kids step onto US soil they become automatic US Citizens, nothing more to do and no green card for them.

Do my kids qualify under the CCA of 2000 - No

Did I start the whole process correctly by filing out I130s - Yes

Did I get a valid RFE - No real answer, just a better situation

I asked her to mention this to the managers and see if the wording could/should be changed

Thanks for your help and words!

Package received at NVC 7/10/2009, now its just another waiting game.

My wife's completed case and will not be forwarded to the embassy until the kids cases are complete

Thanks again

[WhidbeyGirl 1]

Finally spoke to someone who has worked at NVC for a while now and she recongnized my concerns about filling out the form. She mentioned to me that it is better this way and even though the form mentions the Child Citizenship act, it does not follow the act to a T. It is there for a reference and she also told me it is better 'cause once my kids step onto US soil they become automatic US Citizens, nothing more to do and no green card for them.

Do my kids qualify under the CCA of 2000 - No

Did I start the whole process correctly by filing out I130s - Yes

Did I get a valid RFE - No real answer, just a better situation

I asked her to mention this to the managers and see if the wording could/should be changed

Thanks for your help and words!

Package received at NVC 7/10/2009, now its just another waiting game.

My wife's completed case and will not be forwarded to the embassy until the kids cases are complete

Thanks again

What a headache. So sorry.

[eklondon 0]

Called NVC, check letter responses have been received 7/14/2009 for all 3 of my kids cases. We'll see what happens next