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Posted (edited)

Help! We need confirmation if we understood the I-864 and the I-864W instructions correctly.

While working on our I-864 and I-864A's, We came across a number of things in the Instructions page that caught our attention. We, seemingly, from my understanding, qualify for the WAIVING of the submission of an I-864 through I-864W. Will anybody please check if we understood the I-864 conditions right?

Condition 1#

I-863 Instructions. Are there exceptions to Who needs this form? Bullet #2. (Page 2)

Any intending immigrant who will, upon admission, acquire US citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000 (CCA)

Condition #2

I-864W Instructions. Intending child who will become a US citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA). Under the CCA, some children become US Citizens immediately upon admission to the United States or adjustment of Status to that of a Lawful Permanent Resident. For this classification to apply:

  • At least one parent of the child is a US Citizen
  • The child is under 18 years of age at the time of admission or adjustment of status
  • the child is residing permanently in the United States in the legal and physical custody of the US Parent

Our situation:

Husband has been in the US for 7 years now, US citizenship thru Naturalization

Children are 15 years and below (Daughter 15, son 13, daughter 10, daughter 7 years old)

Children will be residing with daddy and mommy

Children are still abroad and is being petitioned right now, all four (4) of them

Husband and me, wife, are currently living the in the US

It just feels too good to be true. We might actually can satisfy the criteria for the exceptions. Do we, really? Am I missing something? Advice please! Thanking you all in advance!

Edited by RedPepper
Posted

Yes, you can use I-864Ws. Under Part 2 you would check the second box.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
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