Affidavit of support question

[Inita 44]

Hello, 

I have a question in regard to the affidavit of support at NVC stage. My husband (USC) has petitioned i130s for me and our son who is his adopted son. The kid will get US citizenship at entering the US. Does my husband need to include him in the affidavit of support for me? Or, does he need to provide an independent affidavit of support for the kid at NVC stage as well? 

Thanks for your input!

[arken 4,197]

You have two separate i130s that means two separate AOS.

[Inita 44]

9 hours ago, arken said:

You have two separate i130s that means two separate AOS.

Ok, but on the 846- instruction page is says: 

 

Are There Exceptions to Who Needs to Submit Form I-864?
The following types of intending immigrants do not need to file Form I-864:

2) Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration 
and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA)

 

So in the kids case this does not apply then?? 

[Inita 44]

14 minutes ago, Inita said:

Ok, but on the 846- instruction page is says: 

 

Are There Exceptions to Who Needs to Submit Form I-864?
The following types of intending immigrants do not need to file Form I-864:

2) Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration 
and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA)

 

So in the kids case this does not apply then?? 

Sorry, question is: instead of filing the i846 for the kid, do we need to file the i846W ?

I just want to make sure that we don't make any mistakes...

Edited February 14, 2020 by Inita

[dothehustle 27]

19 minutes ago, Inita said:

Sorry, question is: instead of filing the i846 for the kid, do we need to file the i846W ?

I just want to make sure that we don't make any mistakes...

I don't know if the process is any different for adopted children, but when I petitioned for my spouse and biological child (who will become a citizen upon entering the US with an immigrant visa), I filed an i-864 for the former and i-864w for the latter.

[Inita 44]

9 minutes ago, dothehustle said:

I don't know if the process is any different for adopted children, but when I petitioned for my spouse and biological child (who will become a citizen upon entering the US with an immigrant visa), I filed an i-864 for the former and i-864w for the latter.

Great!! Thank you very much for this info, much  appreciated  I am quite sure now that this would work for us as well- we were told by the Frankfurt Embassy visa-people that the child will become a citizen upon entering with the immigrant visa too. 

 

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[Inita 44]

On 2/14/2020 at 7:05 AM, dothehustle said:

I don't know if the process is any different for adopted children, but when I petitioned for my spouse and biological child (who will become a citizen upon entering the US with an immigrant visa), I filed an i-864 for the former and i-864w for the latter.

Hi there, it's me again... I have another question as we are about to fill out the i1864w for our kid now... in part 1 it asks for the personal information of the requestor/ adopted child- do we have to put the kids data, or my husband's info? Do you remember what you put in there? 

[dothehustle 27]

1 hour ago, Inita said:

Hi there, it's me again... I have another question as we are about to fill out the i1864w for our kid now... in part 1 it asks for the personal information of the requestor/ adopted child- do we have to put the kids data, or my husband's info? Do you remember what you put in there? 

Definitely kid's data. It's confusing since this replaces an i864 form which is filled  the applicant (your husband), and I'd assume that most children cannot fill out the i864w by themselves anyway, but the kid is definitely the one requesting the exemption.

I also signed it using the kid's name according to these instructions, which are for US passports, but hopefully recognized by the NVC.

[dothehustle 27]

16 hours ago, dothehustle said:

Definitely kid's data. It's confusing since this replaces an i864 form which is filled  the applicant (your husband), and I'd assume that most children cannot fill out the i864w by themselves anyway, but the kid is definitely the one requesting the exemption.

I also signed it using the kid's name according to these instructions, which are for US passports, but hopefully recognized by the NVC.

meant to write "filled out by the petitioner", of course.