Stand alone I-130 for stepchild(ren)

[lucy4 11]

It seems as though some people wait for the two cases to reach the NVC, then they are linked by petitioner. When the petitioner signs onto the payment portal, both beneficiaries are listed. One fee then covers both. I'm assuming they had to be filed together

[dancehallquana 5]

My stepsons cases were sent to nvc around the same time, i paid the AOS bill for Roger and then when i attempted to pay it for Jordan, the system said "PAID".. i had to go to FAQ's to understand there was only one fee for both LOL..

evoria did your petitions hit NVC at the same time?

[evoria 19]

My stepsons cases were sent to nvc around the same time, i paid the AOS bill for Roger and then when i attempted to pay it for Jordan, the system said "PAID".. i had to go to FAQ's to understand there was only one fee for both LOL..

evoria did your petitions hit NVC at the same time?

Dancehallquana my petitions hit NVC almost 3 weeks apart. However, I paid for one IV and AOS and waited for the second one to get through. I sent an email using the template for the Declaration of Choice of Address and Agent for Immigrant Visa applicant using only the USCIS number for the second kid and it worked and was approved. Once the second child's case hit the NVC and I was able to pay the IV and AOS bills I did, printed the separate cover letters and mailed two complete packages in the same envelopes. I did the same for the DS-230 with all the attached documentation and cover sheets. They were both given the same interview dates.

[evoria 19]

My stepsons cases were sent to nvc around the same time, i paid the AOS bill for Roger and then when i attempted to pay it for Jordan, the system said "PAID".. i had to go to FAQ's to understand there was only one fee for both LOL..

evoria did your petitions hit NVC at the same time?

Also, I wonder why you only had to pay once and I had to pay AOS for both kids separate? That is interesting. They both have different NVC numbers? They both have different I-130 packages? Maybe I will get a refund for one. I had to pay everything twice, like they really reviewed those packages twice. Its just copies with the beneficiary's name changed.

[dancehallquana 5]

Also, I wonder why you only had to pay once and I had to pay AOS for both kids separate? That is interesting. They both have different NVC numbers? They both have different I-130 packages? Maybe I will get a refund for one. I had to pay everything twice, like they really reviewed those packages twice. Its just copies with the beneficiary's name changed.

if i were to GUESS, it would be because they hit NVC so far apart? both my stepkids have different nvc numbers, i sent separate packets BUT they both hit NVC at same time.. maybe if you had waited for the second to come thru?? who knows??

BUT i believe on the I130 their is a question about other family members you are filing for?? shouldnt they know from that there are two cases???

Affidavit of Support (AOS) Fee FAQs

I paid the AOS fee for one case; do I have to pay the same fee for my other cases?

You must pay the Affidavit of Support fee for each case unless you are a U.S. citizen with petitions for your spouse and/or child(ren) concurrently in process at the National Visa Center. Note: payment by cashier's check or money order must include all fee bills in one return envelope with one check on top.

[evoria 19]

I certainly referenced each kid on the others I-130 and the AOS. You would think they would have known from that. I have sent an email asking why I was charged twice. I need the $88 more than they do.

[Worriedmominoc 0]

Hi im actually new in this forum, and after reading 62 pages of post, ive got dizzy for all the information..lol. Anyway, my husband filed my 17 year old son, his step son. Hes a USC, im a green card holder, currently applying for citizenship, and already schedule for interview on june 24,.

The petition is already approve last April 15, and now waiting to hear from NVC,. I am starting to prepare documents for NVC stage.

My question, does I864w apply to us? Or do we have to file regular I864? Im really hoping that I864w will be ok, since our income didnt make it to poverty guideline, almost, just a couple thousand dollars short.):. In that case it means that we have to file co sponsor? Or can we wait until i become a us citizen before we proceed the process? I didnt hear anything from NVC yet but i know pretty soon we will..

Any input will greatly appreciated. Thanks a lot.

God bless us all that go through in this process.

[JadeLove 0]

Hi im actually new in this forum, and after reading 62 pages of post, ive got dizzy for all the information..lol. Anyway, my husband filed my 17 year old son, his step son. Hes a USC, im a green card holder, currently applying for citizenship, and already schedule for interview on june 24,.

The petition is already approve last April 15, and now waiting to hear from NVC,. I am starting to prepare documents for NVC stage.

My question, does I864w apply to us? Or do we have to file regular I864? Im really hoping that I864w will be ok, since our income didnt make it to poverty guideline, almost, just a couple thousand dollars short.):. In that case it means that we have to file co sponsor? Or can we wait until i become a us citizen before we proceed the process? I didnt hear anything from NVC yet but i know pretty soon we will..

Any input will greatly appreciated. Thanks a lot.

God bless us all that go through in this process.

You can slow down the process at the NVC stage and wait until you are a citizen to send in documents. Only then will you be able to use the I864W.

If you wish to proceed now please note that your current status is LPR (green card holder) so the regular I864 applies to you. Seeing that you didn't make it to the poverty line you will need a co-sponsor

And also remember your son is eligible for citizenship if he is a LPR and you his biological mother is a USC but only under the age of 18

[SerenityNOW 11]

Hi im actually new in this forum, and after reading 62 pages of post, ive got dizzy for all the information..lol. Anyway, my husband filed my 17 year old son, his step son. Hes a USC, im a green card holder, currently applying for citizenship, and already schedule for interview on june 24,.

The petition is already approve last April 15, and now waiting to hear from NVC,. I am starting to prepare documents for NVC stage.

My question, does I864w apply to us? Or do we have to file regular I864? Im really hoping that I864w will be ok, since our income didnt make it to poverty guideline, almost, just a couple thousand dollars short.):. In that case it means that we have to file co sponsor? Or can we wait until i become a us citizen before we proceed the process? I didnt hear anything from NVC yet but i know pretty soon we will..

Any input will greatly appreciated. Thanks a lot.

God bless us all that go through in this process.

You can slow down the process at the NVC stage and wait until you are a citizen to send in documents. Only then will you be able to use the I864W.

If you wish to proceed now please note that your current status is LPR (green card holder) so the regular I864 applies to you. Seeing that you didn't make it to the poverty line you will need a co-sponsor

And also remember your son is eligible for citizenship if he is a LPR and you his biological mother is a USC but only under the age of 18

Unfortunately I think the only way to use the I-864W is if the petition is originally filed by a *USC parent* (not step-parent who is married to a USC parent of the child, and not PR parent who becomes a USC). Check back on Page 23 of this thread, around August 20, 2012 (I took notes when I began this process....) - member beejay had the same experience as you, her husband applied for her child and she became a citizen during the child's immigration process. She submitted an I-864W and it was rejected. There is a discussion about it and she concluded:

NVC is telling us that in order to be able to file the I-864w the petition would need to have been sent by the USC bioparent.

Apparently if their stepparent petitions, an I-864 is required even though the child has a USC parent. At least that was the latest I heard about it.

You could always try to submit the I-864W and it would only delay your case a week or so if it is rejected... but you would have to have everthing lined up, including co-sponsor if necessary and tax transcripts, to send the real I-864 if you didn't want the case to be delayed further.

I think lucy4 is in your same situation too, and she just went through NVC, but I'm not sure what she sent... her timeline says "AOS package" so I think she sent the full I-864? Lucy?

BTW - To become an automatic USC, your stepson would have to enter the country before age 18, as there are four requirements to fulfil the Child Citizenship Act:

1. USC parent [There should be no problem with you being a citizen by then; your oath ceremony could be the same day as your interview or ~3-8 weeks later (depending on where you live) and your stepson's interview is still months away]

2. *under* the age of 18

3. in the legal custody of USC parent and

4. *being admitted* as an LPR (not having a petition submitted for, or having an approved visa).

So the whole process would have to be completed and he would have to cross a Point of Entry before he turns 18. I hope this works out for you guys!

Other BTW - don't wait for NVC to send you anything if you want this case to go as quickly as possible! Their notifications come at least a week after decisions. If all has gone smoothly, your case should be at NVC by now and might even have the necessary ID numbers generated. I say call and check, then as soon as you get those numbers, you can proceed with payments and sending forms/documents ASAP. Did you check out the AMAZING NVC thread yet??

[lucy4 11]

Unfortunately I think the only way to use the I-864W is if the petition is originally filed by a *USC parent* (not step-parent who is married to a USC parent of the child, and not PR parent who becomes a USC). Check back on Page 23 of this thread, around August 20, 2012 (I took notes when I began this process....) - member beejay had the same experience as you, her husband applied for her child and she became a citizen during the child's immigration process. She submitted an I-864W and it was rejected. There is a discussion about it and she concluded:

Apparently if their stepparent petitions, an I-864 is required even though the child has a USC parent. At least that was the latest I heard about it.

You could always try to submit the I-864W and it would only delay your case a week or so if it is rejected... but you would have to have everthing lined up, including co-sponsor if necessary and tax transcripts, to send the real I-864 if you didn't want the case to be delayed further.

I think lucy4 is in your same situation too, and she just went through NVC, but I'm not sure what she sent... her timeline says "AOS package" so I think she sent the full I-864? Lucy?

This was absolutely the case for me*, and although I wanted to test the I864W to see if there was a chance it would work. I really didn't want to waste anymore time with my case, so I just filed the I864 and sent the supporting paperwork.

* (The bio father is now a citizen, but I had filed the petition a few weeks before his oath ceremony.) Beejay

[Worriedmominoc 0]

Hi thank you for all the reply, . I guess we gonna have to try to find a co sponsor..!

Yeah, i really dont want to delay the process,...

Thank you for the link fo NVC.

[SerenityNOW 11]

I had also bookmarked beejay's thread about the I-864W. It still doesn't make sense to me that if a child's I-864 would be void as soon as he or she enters the U.S., why it would be required ... but that seems to be the consensus if the step-parent was the petitioner.

There was another person I read about - in this thread maybe??? - who had the opposite problem: she submitted an I-864 and had it rejected, with instructions that she had to submit the I-864W (presumably because she was a USC at the time of petitioning for her child).

Did anyone ever hear of a case where the petitioner was a USC stepparent but they successfully filed the I-864W because the bioparent was also a USC by the time the petition was approved? This would be useful information for the future.

Edited May 6, 2013 by SerenityNOW

[Worriedmominoc 0]

Hi SerenityNOW,.yes that would be very helpful in the future,. My husband and I are actually thinking of trying to submit I 864W.

Well we didnt make it to poverty guideline, just a few couple thousand dollar short!..):..and im sure that NVC would not allowed it, i guess even if your a few hundred dollar short!..

If we decided to the i864w route and whatever happens in it, i will post my experience here for future reference.

We might get an RFE, that they will need just regular i864,.and yes its gonna delayed the process..this waiting is killing me.

[ppihtr123 68]

I went the I 864 route as I have other income not on W2s. I am the USC and wife is CPR with income. Separate for each Stepchild and got word last night files are complete at NVC and awaiting interview date! I also only had to pay a single 88.00 AOS fee that covered both. We also sent tax transcripts for 2010, 2011, and 2012 (joint) with each I864.

[ppihtr123 68]

After looking again this morning. Our cases did not qualify for 864W or EZ and had to do the 864.