Does my son eligible for I864W?

[RYANR 0]

Dear All,

 

I am a US citizen, and my naturalization date is April 23, 2019.

 

The funny thing is that my son was born overseas on April 17, 2019 (One Week before my naturalization date). 

 

So he did not get US citizenship by birth, and I already filed an IR2 visa for him.

 

Everything went smoothly, and I am in the stage of submitting the I864 form for him.

 

I submitted I864 and I864A as the financial support documents, but the I864 documents were rejected. 

 

The NVC sent me a message through the portal asking me to submit the I864w.

 

I believe the form of I 864w is a financial waiver, but I am not sure if my son is eligible for that.

 

Can anyone give me some guidance? Appreciate that!

 

 

 

 

 

 

[jan22 3,052]

Assuming you applied for the immigrant visa to bring your son to the US to live with you in your physical custody, under the Child Citizenship Act, he will become a US citizen immediately after being admitted to the US as a resident.  So, yes, he will qualify for you to submit the I-864w.

[Chancy 6,241]

34 minutes ago, RYANR said:

I believe the form of I 864w is a financial waiver, but I am not sure if my son is eligible for that.

 

Yes, you should have submitted I-864W for your son.  I-864 and I-864A are not required because he will become a US citizen when he enters the US with his IR2 visa.

 

Note that you do not need to pay the $220 immigrant fee for him either.  As a US citizen, he does not need a plastic green card after he enters the US.  But you should apply for his US passport ASAP after he arrives.  Along with the other required documents for passport application, you may present his IR2 visa + CBP entry stamp as proof of his US entry as LPR.