I-864EZ Affidavit of Support

[mayet11 0]

I submitted 2 separate I-130 for each of my 2 minor children. Both cases are now at NVC. Visa class IR2. Can I use the I-864EZ Affidavit of Support form for each of my 2 minor children, or do I have to use the regular I-864? Thank you!

Edited July 23, 2023 by mayet11

[Mike E 11,739]

38 minutes ago, mayet11 said:

I submitted 2 separate I-130 for each of my 2 minor children. Both cases are now at NVC. Visa class IR2. Can I use the I-864EZ Affidavit of Support form for each of my 2 minor children, or do I have to use the regular I-864? Thank you!

If these are your biological children, then because they will become U.S. citizens when they enter on their IR-2 visas, you must use I-864W.

 

Are you married to their other parent?

[mayet11 0]

10 hours ago, Mike E said:

If these are your biological children, then because they will become U.S. citizens when they enter on their IR-2 visas, you must use I-864W.

 

Are you married to their other parent?

Yes, they are my biological children, both are under 18 years old. No, we are not married. So should I submit I-864W?

[Mike E 11,739]

14 minutes ago, mayet11 said:

Yes, they are my biological children, both are under 18 years old. No, we are not married. So should I submit I-864W?

Were you ever married to their other biological parent?

[mayet11 0]

33 minutes ago, Mike E said:

Were you ever married to their other biological parent?

No, we were never married.

[Mike E 11,739]

Just now, mayet11 said:

No, we were never married.

Cool. Then you are presumed to have legal custody.

 

I-864W is your only option.

 

Cite this when you upload evidence for I-864W:

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

 

According to INA 320, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:^[2]

• The person is a child^[3] of a parent who is a U.S. citizen by birth or through naturalization (including an adoptive parent);^[4]
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR);^[5] and
• The child is residing^[6] in the United States in the legal and physical custody of the U.S. citizen parent.^[7]

 

[…]
 

parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios:^[8]

[…]

• A biological child born out of wedlock who has been legitimated and currently resides with the parent

 

For clarity prepare a statement for each child that says:

 

* you acknowledge the child as your own child

 

* you will provide financial support for your child

 

Sign each statement in front of a notary, and submit a copy of each to NVC, and bring originals to their IR-2 interviews.

 

1. Do they have ITINs or SSNs yet?

 

2. Were you a U.S. citizen before they were born?

 

 

[mayet11 0]

On 7/24/2023 at 12:29 AM, Mike E said:

Cool. Then you are presumed to have legal custody.

 

I-864W is your only option.

 

Cite this when you upload evidence for I-864W:

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

 

According to INA 320, a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:^[2]

• The person is a child^[3] of a parent who is a U.S. citizen by birth or through naturalization (including an adoptive parent);^[4]
• The child is under 18 years of age;
• The child is a lawful permanent resident (LPR);^[5] and
• The child is residing^[6] in the United States in the legal and physical custody of the U.S. citizen parent.^[7]

 

[…]
 

parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios:^[8]

[…]

• A biological child born out of wedlock who has been legitimated and currently resides with the parent

 

For clarity prepare a statement for each child that says:

 

* you acknowledge the child as your own child

 

* you will provide financial support for your child

 

Sign each statement in front of a notary, and submit a copy of each to NVC, and bring originals to their IR-2 interviews.

 

1. Do they have ITINs or SSNs yet?

 

2. Were you a U.S. citizen before they were born?

 

 

Hi @Mike E! I apologize for the late response. No, they don't have SSNs yet, and I was not a US citizen when they were born.

 

Is it ok though if I just use I-864EZ for each of them?

[Mike E 11,739]

14 minutes ago, mayet11 said:

Is it ok though if I just use I-864EZ for each of them?

Asking me the same question multiple times and expecting a different answer is not going to get you the result you want.

 

On 7/22/2023 at 7:50 PM, Mike E said:

If these are your biological children, then because they will become U.S. citizens when they enter on their IR-2 visas, you must use I-864W.

 

Now is it possible NVC and the CO will forget or ignore the Child Citizenship Act of 2000, and let you get away with I-864EZ? 
 

Sure it is. I’ve see it. The department of state is riddled with people who do not grasp immigration law.

 

I have also seen NVC or COs issue RFEs for I-864W.

 

Beats me why you want I-864EZ instead of I-864W. So why do you?