Affidavit of support form

[Mrs. RiRi G 153]

Which affidavit of support form should be filed when on petition I-130 there is a derivative child?

[aleful 1,905]

hi

 

if the petitioner is a US Citizen, there aren't any derivatives, there should be 1 i130 for each person, meaning one i130 for the spouse, and one i130 for the stepchild, therefore there is one i864 for each of them

 

 

[Mrs. RiRi G 153]

1 minute ago, aleful said:

hi

 

if the petitioner is a US Citizen, there aren't any derivatives, there should be 1 i130 for each person, meaning one i130 for the spouse, and one i130 for the stepchild, therefore there is one i864 for each of them

 

 

when petition was done, the petitioner was an LPR whom is now naturalized.

[aleful 1,905]

hi, so sorry, the petitioner shouldn't have naturalized

 

since there aren't any derivatives when he became a US Citizen, the child or stepchild is no longer a derivative, he can no longer immigrate

 

the petitioner should have filed 2 separate petitions if he or she wanted to become a US Citizen or wait until they got their visa and when they were here to file for citizenship, the child has been left out of the petition now and now the petitioner has to start over with the child, filing a new i130, they are now 2 separate petitions, the child can't immigrate with mom now

 

they must start over by filing a new i130, then at the nvc stage pay for 1 i864 but each will have their own i864 since they will be 2 separate petitions

 

 

[Mrs. RiRi G 153]

12 minutes ago, aleful said:

hi, so sorry, the petitioner shouldn't have naturalized

 

since there aren't any derivatives when he became a US Citizen, the child or stepchild is no longer a derivative, he can no longer immigrate

 

the petitioner should have filed 2 separate petitions if he or she wanted to become a US Citizen or wait until they got their visa and when they were here to file for citizenship, the child has been left out of the petition now and now the petitioner has to start over with the child, filing a new i130, they are now 2 separate petitions, the child can't immigrate with mom now

 

they must start over by filing a new i130, then at the nvc stage pay for 1 i864 but each will have their own i864 since they will be 2 separate petitions

 

 

Will this stand even if the child is 6yrs of age?

[Just Paul 4,595]

So what are you asking for?   For Affidavit of Support it is I-864.   If you are saying the petitioner naturalized . . . then the answer is the same.   It just means you are no longer waiting for the priority date for the family Visa.  Send the NVC a copy of the naturalization certificate so they can change.

[aleful 1,905]

hi

 

it doesn't matter how old is the child, the fact is he is a US Citizen and there are no longer derivatives, it isn't an F2A category anymore. as stated they have to notify that he is a USC now, and start all over for the child, there aren't any derivatives on an Cr1/IR1 type of petition

 

the sooner they do this, the sooner they can start all over for the child

 

 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[pushbrk 12,877]

9 hours ago, aleful said:

hi

 

it doesn't matter how old is the child, the fact is he is a US Citizen and there are no longer derivatives, it isn't an F2A category anymore. as stated they have to notify that he is a USC now, and start all over for the child, there aren't any derivatives on an Cr1/IR1 type of petition

 

the sooner they do this, the sooner they can start all over for the child

 

 

Correct.  File a separate petition for the child but the I-864's will come at the NVC stage, not with the petition.

[peteryang2981 2]

It is sad to find out the last minute in the application process that there cannot be any derivative child for a I-130 for a USC while a LPR can have it. They (USCIS) is not clear at all on this subject. I've read many articles, and have not found this out till today when the mother's application is already approve and at the NVC. 

[Mrs. RiRi G 153]

3 minutes ago, peteryang2981 said:

It is sad to find out the last minute in the application process that there cannot be any derivative child for a I-130 for a USC while a LPR can have it. They (USCIS) is not clear at all on this subject. I've read many articles, and have not found this out till today when the mother's application is already approve and at the NVC. 

I I did this before I was notified to sorry to hear this.