Need Help with I-864

[diwanrayan 0]

Google "Child Citizenship Act."

I got confused because you kept referring to yourself and the children. That's not the relevant relationship for them becoming US citizen. Neither is being your wife the relevant relationship. The relevant relationship is between the children and a US citizen parent.

Thanks aaron2020... I am sorry my bad. My apologies.

Summary:

• Child Citizenship Act Section 320 is not applicable to our kids as it relates to kids born outside US but residing in US
• Child Citizenship Act Section 322 is not applicable to our kids as it relates to kids born and residing outside US, but timelines for stay of USC parent in US are not met.

Conclusion:

Thus I think I864w is not applicable to our kids and we should file i-864. Please advice if I am correct?

Child Citizenship Act Section 320 is not applicable to our kids as it relates to kids born outside US but residing in US

[aaron2020 11,651]

Yes. INA 322 applies to me, as my kids are residing outside US.

And Part C is coming from INA 320.

INA 322 does not apply to you. It applies to your kids in relationship to their USC mother. Once again, you have nothing to do with your kids gaining US citizenship. Keep referring to yourself and you will only create confusion. Edited May 4, 2016 by aaron2020

[aaron2020 11,651]

Thanks aaron2020... I am sorry my bad. My apologies.

Summary:

• Child Citizenship Act Section 320 is not applicable to our kids as it relates to kids born outside US but residing in US
• Child Citizenship Act Section 322 is not applicable to our kids as it relates to kids born and residing outside US, but timelines for stay of USC parent in US are not met.

Conclusion:

Thus I think I864w is not applicable to our kids and we should file i-864. Please advice if I am correct?

Child Citizenship Act Section 320 is not applicable to our kids as it relates to kids born outside US but residing in US

You still don't get it. You are not correct. You are going in a circle back to being wrong.

The Child Citizenship Act applies to your kids once they enter the US on immigrant visas. Your wife files I-864w for them. Once they enter on immigrant visas, they automatically become US citizens since they would be under 18 years old and residing in the US with their USC mom. That's why your wife gets to file the I-864w.

You have nothing to do with this. Doesn't matter if they reside with you.

USC mom is the only relevant relationship.

Edited May 4, 2016 by aaron2020

[diwanrayan 0]

INA 322 does not apply to you. It applies to your kids in relationship to their USC mother. Once again, you have nothing to do with your kids gaining US citizenship. Keep referring to yourself and you will only create confusion.

Lolzz. Right. Agreed. I will try to check myself on this in future.

[diwanrayan 0]

You still don't get it. You are not correct. You are going in a circle back to being wrong.

The Child Citizenship Act applies to your kids once they enter the US on immigrant visas. Your wife files I-864w for them. Once they enter on immigrant visas, they automatically become US citizens since they would be under 18 years old and residing in the US with their USC mom. That's why your wife gets to file the I-864w.

You have nothing to do with this. Doesn't matter if they reside with you.

USC mom is the only relevant relationship.

Arron2020... you are right the Child Citizenship act will be applicable, once the kids enter US. But they are not in US and we are in process of applying for immigration (last step), where the NVC is asking us to file financial documents (I-864 and its categories).

And my question is which category of I-864 is applicable to kids?

[aaron2020 11,651]

Arron2020... you are right the Child Citizenship act will be applicable, once the kids enter US. But they are not in US and we are in process of applying for immigration (last step), where the NVC is asking us to file financial documents (I-864 and its categories).

And my question is which category of I-864 is applicable to kids?

I-864w. I-864w. I-864w. I-864w.

How many more times do I have to tell you? Why can't you understand this?

[newacct 688]

Yes. INA 322 applies to me, as my kids are residing outside US.

And Part C is coming from INA 320.

INA 322 doesn't apply to your kids' situation. In the INA 322 process, the USC parent files N-600K while the children are residing outside the US, and then when that's approved, the kids must enter the US as a nonimmigrant, usually B2 visitor, to enter the US to take the oath, and only upon taking the oath become a US citizen. B2 (and most other types of nonimmigrant visa) requires that the person not intend to immigrate to the US. You guys are relocating to the US, and therefore, their B2 visa will be denied or they will be denied entry. They will not be able to do the INA 322 process. This process is for when the kids are not relocating to the US and will remain residing abroad.

Since your kids are relocating to the US, their path to US citizenship is different -- it involves them being petitioned to immigrate (i.e. get US permanent residency) and entering the US with an immigrant visa (which is what you guys are doing right now). Once they enter the US with an immigrant visa, they immediately become US permanent residents, and, per INA 320, they also immediately become US citizens, without needing to do anything. Because they immediately become US citizens (and thus any sponsor's obligation would immediately cease anyway), they don't need an Affidavit of Support and can use I-864W.

[diwanrayan 0]

INA 322 doesn't apply to your kids' situation. In the INA 322 process, the USC parent files N-600K while the children are residing outside the US, and then when that's approved, the kids must enter the US as a nonimmigrant, usually B2 visitor, to enter the US to take the oath, and only upon taking the oath become a US citizen. B2 (and most other types of nonimmigrant visa) requires that the person not intend to immigrate to the US. You guys are relocating to the US, and therefore, their B2 visa will be denied or they will be denied entry. They will not be able to do the INA 322 process. This process is for when the kids are not relocating to the US and will remain residing abroad.

Since your kids are relocating to the US, their path to US citizenship is different -- it involves them being petitioned to immigrate (i.e. get US permanent residency) and entering the US with an immigrant visa (which is what you guys are doing right now). Once they enter the US with an immigrant visa, they immediately become US permanent residents, and, per INA 320, they also immediately become US citizens, without needing to do anything. Because they immediately become US citizens (and thus any sponsor's obligation would immediately cease anyway), they don't need an Affidavit of Support and can use I-864W.

Thank you!! All clear now...