i-864w

[jorick 0]

i called the Visa Center today and they told me everything I needed is in except that I had sent in the wrong i-864 , that I should have sent in the i-864w instead of the regular i-864. I'm not sure I understand why. The person on the phone said this was because our adopted son is under 18. Does this sound right? The instructions for I864w say a person is eligible for i-864w if they are under 18, have a parent who is US citizen and will become a US citizen upon arrival We are both US citizens and our son is under 18 but I wasn't aware he could become a US citizen on arrival. I would be very grateful to anyone who has some help for us on that question. I don't want to send in the wrong form again and feel even dumber. thanks.

[aaron2020 11,651]

Read the Child Citizenship Act, you child might get automatic US citizenship this way.

How old is your adopted child?

Was this a Hague Convention adoption?

Was the adoption completed before the child's 16th birthday?

Ignore the "misinformation line." There is nothin wrong with filing the I-864 instead of the I-864w.

[jorick 0]

Read the Child Citizenship Act, you child might get automatic US citizenship this way.

How old is your adopted child?

Was this a Hague Convention adoption?

Was the adoption completed before the child's 16th birthday?

Ignore the "misinformation line." There is nothin wrong with filing the I-864 instead of the I-864w.

Aaron,

Thanks for replying. Our adopted child is 16 and we adopted him in the Philippines when he was 13 under the relative adoption law of the Philippines. After we completed our two year residence requirement we sent in our i-130 petition which was approved and now we have sent in all our requirements to the Visa Center including affidavit of support and visa application. When I called them today, I was told by the person on the phone we sent in the wrong AOS form because we needed the I-864w instead off the regular form. I have read the Child Citizenship Act and am still not sure if we qualify but we both my wife and I are US citizens and our child is under 18. Thanks for helping.

Richard

[aaron2020 11,651]

Your child will meet the 4 requirements of the CCA for automatic US citizenship;

1. Have a USC parent (you); and

2. Live with the USC parent (you); and

3. Be under 18 years old (your child is 16); and

4. Be admitted to the US as an LPR (happens as soon as he gets a green card or enters the US on the immigrant visa).

The I-864w is a waiver of the I-864 requirements because your child automatic US citizenship makes the I-864 obligation moot. Having the I-864 is not a problem. The misinformation line is plain wrong. Prepare the I-864w in case you need it, but I doubt that you will get an RFE to file a waiver when you have provided more than sufficient information. Government beurocrats just wants you to follow their rules (even if they are foolish).

[jorick 0]

Your child will meet the 4 requirements of the CCA for automatic US citizenship;

1. Have a USC parent (you); and

2. Live with the USC parent (you); and

3. Be under 18 years old (your child is 16); and

4. Be admitted to the US as an LPR (happens as soon as he gets a green card or enters the US on the immigrant visa).

The I-864w is a waiver of the I-864 requirements because your child automatic US citizenship makes the I-864 obligation moot. Having the I-864 is not a problem. The misinformation line is plain wrong. Prepare the I-864w in case you need it, but I doubt that you will get an RFE to file a waiver when you have provided more than sufficient information. Government beurocrats just wants you to follow their rules (even if they are foolish).

Aaron,

Thanks again for taking the time to answer my question. People like you are what makes this such a cornucopia of knowledge. I will call back the National Visa center tomorrow and see if they really want anything else from me or they will now set a time for our interview in Manila. Thanks again.