NVC bringing my kids in the US, next step..

[katryn 0]

Hello! I'm kinda at a lost so I hope someone here can maybe help me out, which would be great. My children, all under 21 y/o, are being petitioned by my husband who is a US citizen and we got a letter from the NVC saying that it's now eligible for further processing by the NVC. So we paid online the affidavit of support processing fee and I printed the document cover sheet for each child. Now the question is, we filed the affidavit of support before with the USCIS using the I-360, do we still need to send them the I-864 or the I-864w instead because my kids are all under 18? The I-864w is the exempt form for sending the I-864, right? I really hope someone can give some light to this.. Thank you!

[aaron2020 11,651]

Your husband must file Form I-864.

Your husband can not file Form I-864w because his stepchildren do dot qualify to be US citizens upon entering the US with immigrant visas.

Stepchildren of US citizens do not qualify for US citizenship based on a stepparent/stepchild relationship. For this reason, Form I-864w can not be used.

[katryn 0]

We sent this already before at the USCIS. Why would they need us to send it again? I guess I have to do it all over again then.. Thanks!

[beejay 125]

Hello! I'm kinda at a lost so I hope someone here can maybe help me out, which would be great. My children, all under 21 y/o, are being petitioned by my husband who is a US citizen and we got a letter from the NVC saying that it's now eligible for further processing by the NVC. So we paid online the affidavit of support processing fee and I printed the document cover sheet for each child. Now the question is, we filed the affidavit of support before with the USCIS using the I-360, do we still need to send them the I-864 or the I-864w instead because my kids are all under 18? The I-864w is the exempt form for sending the I-864, right? I really hope someone can give some light to this.. Thank you!

Hi Katryn

I'm a little confused about what you have filed and I'm asking more for my own clarification but are you saying your husband sent an I-360 (Amerasian/VAWA/Special Immigrant petition) with an I-361 (Financial Support for I-360) to USCIS and not an I-130?

[katryn 0]

I'm sorry I got confused there for a bit too, I got caught up by what I was reading. You're right,, it was the I-130, and now we're doing the affidavit of support forms already. I just really don't get why we have to do this all over I thought we were done with this procedure by now and off to the interview/medical exam process pretty soon..

[beejay 125]

No worries. Just follow aaron2020's advice and submit the I-864 with supporting docs to NVC.

I had read somewhere that those filing I-360s are allowed to submit the financial info at the USCIS stage which is why I was curious. In your case the I-864 is to be submitted at the NVC stage and not to USCIS which is probably why they didn't look at it. It will be quicker for you to just update everything and then send it to NVC.

Come check out our thread of other stand-alone IR2 filers My link

Good luck!