Affidavit of Support question for children (merged)

[Arthess 0]

Hello everyone! I received an approval notice from USCIS for my 2 children (a 19 y/o and a 14 y/o) and now on the CEAC website. I have paid the fees and ready to fill out the forms. My question is, why doesn't my 14 year old child have the affidavit of support form like my older child. Does he not need an AOS? Please enlighten me. I appreciate it. 🙂

[Arthess 0]

Hello everyone! I received an approval notice from USCIS for my 2 children (a 19 y/o and a 14 y/o) and now on the CEAC website. I have paid the fees and ready to fill out the forms. My question is, why doesn't my 14 year old child have the affidavit of support form like my older child. Does he not need an AOS? Please enlighten me. I appreciate it. 🙂

[Chancy 6,241]

21 minutes ago, Arthess said:

why doesn't my 14 year old child have the affidavit of support form like my older child. Does he not need an AOS?

 

Are you a US citizen?  Is the 14-year-old your biological child?

 

[Arthess 0]

7 minutes ago, Chancy said:

 

Are you a US citizen?  Is the 14-year-old your biological child?

 

Finally figured out how to reply. 😬 And yes I am a US citizen and they are both my biological children. 

[Kanke 11]

One (1) AOS is sufficient for multiple benificeries so long as the petitioner is the same. Now in yoir case, since you are the petitioner for both your children, the AOS you filled for one child, be it for the elder or the younger, whichever you filled 1st, is sufficient for both. That means you don't need separate AOS for each. 

I hope this clarifies. 

[Arthess 0]

1 minute ago, Kanke said:

One (1) AOS is sufficient for multiple benificeries so long as the petitioner is the same. Now in yoir case, since you are the petitioner for both your children, the AOS you filled for one child, be it for the elder or the younger, whichever you filled 1st, is sufficient for both. That means you don't need separate AOS for each. 

I hope this clarifies. 

Thank you so much 🙂

[Chancy 6,241]

3 minutes ago, Arthess said:

I am a US citizen and they are both my biological children

 

In that case, your 14-year-old child will become a US citizen immediately after entry to the US.  That's why an affidavit of support is not required.  This assumes that the 14 y/o will enter the US with an immigrant visa before turning 18.

 

Your other child is over 18, so will not be eligible to derive citizenship from you.  You need to submit an I-864 as that child will remain an LPR until applying for citizenship through the N-400 process.

 

[SusieQQQ 11,586]

The actual answer: If you are a citizen (as I assume given you are posting in the citizen forum), your under 14 child will automatically acquire citizenship after he gets LPR status under INA320. If you read the instructions for the i864 you’ll see i864s are not needed for children under 18 who will automatically acquire citizenship. 

[SusieQQQ 11,586]

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); ...
 

bottom of page 1 to page 2 of the instructions https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

[Arthess 0]

9 minutes ago, SusieQQQ said:

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); ...
 

bottom of page 1 to page 2 of the instructions https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

Thank you! 🙂

[Unlockable 7,314]

*** Topic moved to Bringing Family Members of US Citizens to America section of the forum.

 

VJ Moderation

[SusieQQQ 11,586]

49 minutes ago, Unlockable said:

*** Topic moved to Bringing Family Members of US Citizens to America section of the forum.

 

VJ Moderation

FYI there is another thread on this somewhere if you want to merge it ....!

[Ontarkie 14,229]

~~Duplicate thread merged. Please do not post the same or related question more than once.~~

[HRQX 4,145]

21 hours ago, SusieQQQ said:

bottom of page 1 to page 2 of the instructions https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf

So looks like Form I-864W should be turned in at the visa interview: https://travel.state.gov/content/travel/en/News/visas-news/update-on-public-charge.html "These applicants will be required to submit Form I-864W if seeking an exemption from the affidavit of support requirement. Applicants seeking this exemption should download the I-864W https://www.uscis.gov/i-864w and either upload the completed form to the Consular Electronic Application Center (CEAC) with other supporting documentation as part of the IV application or bring the completed form to the interview with the consular officer."

 

Page 2 of I-864 instructions: "If you qualify for one of the exemptions listed above, submit Form I-864W, Intending Immigrant’s Affidavit of Support Exemption, instead of Form I-864."

[Chancy 6,241]

31 minutes ago, HRQX said:

So looks like Form I-864W should be turned in at the visa interview

 

Yup, it seems like I-864W was recently resurrected, but not required at NVC stage.