Child Citizen Act of 2000

[Mountain Climber 186]

My wife will be starting the I-130 process soon for her daughter, so we are reading about all the requirements involved in this journey. WeI see at the NVC stage that either an I-864 or I-864W will be needed, the latter being determined by the child qualifying under the Child Citizen Act of 2000 (see requirements below). We are confused about how to interpret one of the requirements.

.

• Have at least one American citizen parent by birth or naturalization; Yes - Mom is a naturalized US citizen.
• Be under 18 years of age; Yes - Daughter is 14 years old.
• Live in the legal and physical custody of the American citizen parent; and Not sure about this one. Does this mean where she lives now or when she comes to live with her mother in
  the USA?
• Be admitted as an immigrant for lawful permanent residence. Yes - We assume that at the end of this process she will be admitted as an immigrant for LPR.

Based on the information given, would we file an I-864W or an I-864 when the time comes?

Thanks for the help.

Edited February 12, 2013 by Mountain Climber

[Hypnos 6,576]

File the I-864W and use the second option on the form.

The daughter will become a US citizen as soon as she enters the US as an LPR.

[JimVaPhuong 4,863]

• Live in the legal and physical custody of the American citizen parent; and Not sure about this one. Does this mean where she lives now or when she comes to live with her mother in the USA?

It means at the moment she becomes a US citizen.

What you presented was the list of conditions that have to be met in order for her to automatically become a US citizen. All of the conditions must be be satisfied at the time she becomes a citizen. If she enters the US with an immigrant visa then she'll have satisfied the requirement that she was admitted for lawful permanent residence. If she's still under 18 at the time, and her mother has physical and legal custody of her after she enters the US, then she's met all of the requirements - she automatically becomes a US citizen.

[SerenityNOW 11]

We have the same situation with my stepson. I discovered here what you were just told above - file an I-864W, and your stepdaughter will sign it herself since she is 14. (children 14-18 sign it themselves, saying that no I-864 is required because of the CCA - as someone previous said, it's the second option).

[Mountain Climber 186]

Thanks everybody for the clarification.

[Ning 619]

My wife will be starting the I-130 process soon for her daughter, so we are reading about all the requirements involved in this journey. WeI see at the NVC stage that either an I-864 or I-864W will be needed, the latter being determined by the child qualifying under the Child Citizen Act of 2000 (see requirements below). We are confused about how to interpret one of the requirements.

.

• Have at least one American citizen parent by birth or naturalization; Yes - Mom is a naturalized US citizen.
• Be under 18 years of age; Yes - Daughter is 14 years old.
• Live in the legal and physical custody of the American citizen parent; and Not sure about this one. Does this mean where she lives now or when she comes to live with her mother in
  the USA?
• Be admitted as an immigrant for lawful permanent residence. Yes - We assume that at the end of this process she will be admitted as an immigrant for LPR.

Based on the information given, would we file an I-864W or an I-864 when the time comes?

Thanks for the help.

What about the permission required from the bio father? Does the mother have legal custody granted by a Thai court? Or the required permission letters from the bio father allowing her to leave Thailand?