US CITIZEN LIVING ABROAD PETIONING MINOR CHILD

[amberammo9915 19]

Good Day Vyers, 

 

This is an inquiry for a friend. 

 

Background:   

 

The US Citizen a single parent  is living in the Philippines with her minor child. She petitioned her child and its now approved. The petition is now in NVC for Consular Processing. She  has  started with submitting all required documents. She has no job and her mother ( a US Citizen) and mother's husband is the one issuing the affidavit of support for the minor child as they will be living with them in US. So the place of domicile listed is her mother's US address. Mother and child is both moving to US once petition is approved. 

I hope anyone can help in the following;  

• If the Petitioner has no job therefore no income, does she need to file an I 864 ? 
• Since the mother  of the Petitioner and husband is the one who has financial capability, what form should they submit I 864 or I 864 A?

 

Thank you for your help and guidance. Be safe and well. 

[Mike E 11,742]

39 minutes ago, amberammo9915 said:

 

• If the Petitioner has no job therefore no income, does she need to file an I 864 ? 

Yes. but are we certain the child isn't already a US citizen.

 

Was the mother a US citizen at the time the child was born?

 

[aaron2020 11,651]

Hi,

 

US citizen mom as the petitioner must file an I-864.  In prior years, mom would have filed an I-864w but that form is no longer used.  

 

A Joint Sponsor is not needed if the child is under age 18.  If the child is under age 18, the child would automatically become a US citizen upon entering the US with an immigrant visa.  

How old is the child?

[amberammo9915 19]

25 minutes ago, Mike E said:

Yes. but are we certain the child isn't already a US citizen.

 

Was the mother a US citizen at the time the child was born?

 

Yes the child is not a US Citizen, Yes the mother is a US Citizen when the child was born.  Thank you .

[amberammo9915 19]

21 minutes ago, aaron2020 said:

Hi,

 

US citizen mom as the petitioner must file an I-864.  In prior years, mom would have filed an I-864w but that form is no longer used.  

 

A Joint Sponsor is not needed if the child is under age 18.  If the child is under age 18, the child would automatically become a US citizen upon entering the US with an immigrant visa.  

How old is the child?

The mother  who is 23 years old has no income and has not filed income taxes, in this case ,  does she needs to file I 864 with no source of income? The mother of the petitioner who resides in the US  is the one supporting them . The child  just turned 3 years old. 

[aaron2020 11,651]

12 minutes ago, amberammo9915 said:

The mother  who is 23 years old has no income and has not filed income taxes, in this case ,  does she needs to file I 864 with no source of income? The mother of the petitioner who resides in the US  is the one supporting them . The child  just turned 3 years old. 

As the petitioner, she is required to file an I-864 even if her income is zero.  

It's great that the mother of the petitioner is supporting them, but a Joint Sponsor is not needed in this case.  The child will be a US citizen upon entering the US with an immigrant visa so a Joint Sponsor is not needed.  Her mother can file an I-864 if she wants.  Her mother's husband would file an I-864a.  The petitioner will still need to file an I-864.  

Edited October 30, 2020 by aaron2020

[amberammo9915 19]

1 minute ago, aaron2020 said:

As the petitioner, she is required to file an I-864 even if her income is zero.  

It's great that her mother is supporting them, but a Joint Sponsor is not needed in this case.  The child will be a US citizen upon entering the US with an immigrant visa so a Joint Sponsor is not needed.  Her mother can file an I-864 if she wants.  Her mother's husband would file an I-864a.  The petitioner will still need to file an I-864.  

Thank you , this is a very informative. Much appreciated.

[aaron2020 11,651]

Out of curiosity, when and how did the petitioner gain US citizenship?   Did she have US citizenship before giving birth?

[amberammo9915 19]

17 minutes ago, aaron2020 said:

Out of curiosity, when and how did the petitioner gain US citizenship?   Did she have US citizenship before giving birth?

Her mother ,  the US Citizen petitioned her when she was still a minor. Yes , she is a US Citizen when she gave birth at 20 years old. 

[amberammo9915 19]

21 minutes ago, amberammo9915 said:

Thank you , this is a very informative. Much appreciated.

She used to live here in US going back and forth but she stayed longer in the Philippines when she got pregnant and gave birth there. 

[Chancy 6,243]

Just now, amberammo9915 said:

Her mother ,  the US Citizen petitioned her when she was still a minor. Yes , she is a US Citizen when she gave birth at 20 years old. 

 

How long did she live in the US after turning 14 years old?  At what age did she become a US citizen?

 

[amberammo9915 19]

9 minutes ago, Chancy said:

 

How long did she live in the US after turning 14 years old?  At what age did she become a US citizen?

 

US Citizen at at 17 years old almost 18. She stayed mostly in the Philippines when she was 14 but goes back and forth to US as a green card holder. 

[Chancy 6,243]

5 minutes ago, amberammo9915 said:

US Citizen at at 17 years old almost 18. She stayed mostly in the Philippines when she was 14 but goes back and forth to US as a green card holder. 

 

Thanks.  I was just wondering if the child is eligible for a CRBA.  If the mom stayed mostly in the Philippines after turning 14, then it doesn't sound like she can pass US citizenship to her child at birth.

 

[Mike E 11,742]

1 hour ago, amberammo9915 said:

Yes the child is not a US Citizen, Yes the mother is a US Citizen when the child was born.  Thank you .

 

48 minutes ago, amberammo9915 said:

Her mother ,  the US Citizen petitioned her when she was still a minor. Yes , she is a US Citizen when she gave birth at 20 years old. 

 

34 minutes ago, amberammo9915 said:

US Citizen at at 17 years old almost 18. She stayed mostly in the Philippines when she was 14 but goes back and forth to US as a green card holder. 

Sorry I’m a dog with a bone.  

See section 102 of the child citizenship act.  
 

1. the child’s mother is a citizen  of the US

 

We know this true. 
 

2. The child’s mother was present in the USA for periods of at least 5 years, at least 2 of which were after age 14.  Or grandma is a citizen who has been physically present in the USA for periods of at least 5 and least 2 were after age 14.  
 

I am 99 percent one or both of the  above are true.  
 

3. the child is under age 18

 

We know this is true.  
 

4. the child is residing outside the USA in the legal and physical custody of the citizen parent.  
 

I will assume this is true.  Otherwise the entire thread is moot.  
 

5. The child must be temporarily present in the USA and entered the USA lawfully.  
 

Not true yet.  But the child just needs a B2 visa.  In parallel with filing for the B2, file an N-600K.  Once the child gets the N-600K appointment, the child attends an immigration appointment, takes oath of citizenship (one of the few cases where kids can take the oath) and is a citizen. 
 

So much simpler than all this green card and I-864 stuff.  

Edited October 30, 2020 by Mike E

[Chancy 6,243]

2 hours ago, amberammo9915 said:

The US Citizen a single parent  is living in the Philippines with her minor child. She petitioned her child and its now approved. The petition is now in NVC for Consular Processing. She  has  started with submitting all required documents.

 

1 hour ago, aaron2020 said:

If the child is under age 18, the child would automatically become a US citizen upon entering the US with an immigrant visa.  

 

Actually, I'm surprised that NVC is even asking for Affidavit of Support documents for a child who will acquire US citizenship upon entry to the US.  I thought the AOS section is disabled on CEAC for such IR2 cases.  Maybe NVC just wants proof of domicile documents?