I-864 Vs I-864W

Old Nov 16th 2012, 9:13 pm
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Default I-864 Vs I-864W

Hello everyone,

Back in 2010, while I was a Legal Permanent Resident, I petitioned for my UKC spouse and two children. After submitting all the required documentation the case scrapped through NVC processing and we were told to wait for a visa number to become available. That was a little over 2 years ago...

Now moving forward, on March 2012, my wife and I had a 3rd child; and then in May 2012 I became a US citizen.

I then immediately filed 3 new I-130 petitions for all my kids. August 2012, the petitions were approved by the USCIS and in the I-797s I was told these petitions were sent to NVC for further processing.

As expected, I was waiting for the NVC to contact me regarding these petitions. However, instead I got an email I was not expecting from the NVC and it said, my wife's original case had been forwarded to the embassy in London and an interview date was set for November 28. A week after that, I received 3 separate emails with the 3 different case numbers for my children from the NVC because of the recently approved petitions.

To cut a long story short, we've consequently made contact with the embassy and informed them about by my citizenship status, about our 3rd child and the new NVC case number for all 3 children. The child was added onto the list of following applicants on my wife's interview date, and she was also allowed to go to the medical with my wife and her siblings. Also the embassy mailed out a DS230 application to my wife to fill out on behalf of our 3rd child.

So everything was peachy.... Last week they all had their medicals and all we were waiting for was the interview date to come around. But then just yesterday, the embassy called my wife and told her that she must have me fill out affidavits of support for all my children and to have it signed by me and mailed to the embassy before the interview.

Now my questions, which my wife forgot to ask them, is which I-864 form do they want me to fill out and mail? The regular I-864 or the I-864W?

Surely the I-864W is the one my children are supposed to use because they, as the instructions stipulate, will become US citizens upon entry, and they must sign it or rather, it does not require my signature.

Am I right to think so, and if I am, why do you suppose the embassy would ask for an affidavit that I must sign?


Please help.

Last edited by Dunn; Nov 16th 2012 at 9:18 pm.
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Old Nov 16th 2012, 10:49 pm
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Default Re: I-864 Vs I-864W

Originally Posted by Dunn
Now my questions, which my wife forgot to ask them, is which I-864 form do they want me to fill out and mail? The regular I-864 or the I-864W?
Your wife will need an I-864. The children - all of them - will require I-864W's, as they will immediately become US citizens the day they enter the US with their immigrant visas (assuming they're all under age 18).

Ian
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Old Nov 17th 2012, 8:21 am
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Default Re: I-864 Vs I-864W

Originally Posted by ian-mstm
Your wife will need an I-864. The children - all of them - will require I-864W's, as they will immediately become US citizens the day they enter the US with their immigrant visas (assuming they're all under age 18).

Ian

Ian,

Since I live in the US and my children are in the UK, doesn't the requirement of the Child Citizenship Act of 2000 that stipulates the child must "Live in the legal and physical custody of the American citizen parent" disqualify them from using the I-864W?

Thanks
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Old Nov 17th 2012, 12:55 pm
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Default Re: I-864 Vs I-864W

Originally Posted by Dunn
Since I live in the US and my children are in the UK, doesn't the requirement of the Child Citizenship Act of 2000 that stipulates the child must "Live in the legal and physical custody of the American citizen parent" disqualify them from using the I-864W?
As a matter of US law, a child will automatically become a US citizen when 3 things happen, in any order:

1) the child is under age 18
2) the child enters the US with an immigrant visa
3) the child is in the legal and physical custody of a USC parent

When your children enter the US, all 3 requirements will immediately be met, and your children will immediately become US citizens. In that moment, they will be living with you, and in your legal and physical custody.

The children will be USC's the moment they enter the US... and USC's do not need sponsoring. The I-864W is the correct form for the children.

Ian

Last edited by ian-mstm; Nov 17th 2012 at 2:06 pm. Reason: damn spell checker!
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Old Dec 14th 2012, 9:22 pm
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Default Re: I-864 Vs I-864W

Ian,

The wife and kids have had their interview and like you said they accepted the I-864W for the children. Overall the interview went smoothly, except for an expired police certificate they had on file for my wife. She was told visa would be issued as soon as the embassy receives the updated police certificate, and she was instructed to send it and passports back with the couriers.

Thank you, Ian and Noorah, very much for answering my questions over these last two years. This forum was really useful to me. Thank you again

P.S
One last question...does anyone know how long the embassy might take in issuing the visas now that they have the new police certificate as requested?

It's been 2 weeks already since they got it.

Last edited by Dunn; Dec 14th 2012 at 9:24 pm.
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Old Dec 14th 2012, 9:43 pm
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Default Re: I-864 Vs I-864W

It might depend on if or when the consular officer handling your family's visa applications has taken off for the holidays, and if so when that person gets back and starts going through their backlog of work.

Recognize that "the embassy" - actually the consular section - doesn't do anything, it's just a place. Individual people do the work.

Regards, JEff


Originally Posted by Dunn
One last question...does anyone know how long the embassy might take in issuing the visas now that they have the new police certificate as requested?

It's been 2 weeks already since they got it.
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Old Jan 25th 2013, 6:00 am
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Default Re: I-864 Vs I-864W

Jefferey,

We are yet to receive a reply from the Consulate. It's almost 2 months already, and they haven't mailed back the passports nor issued a visa.

Have you seen cases like ours where they delay issuing visas, because I am getting concerned?

Should I wait, and if so, how much longer should I wait before I contact them?

I assume if there was any issues with my wife's case they would have said so by now and mailed back her passport.

I just don't understand what's the hold up?

Thanks

Last edited by Dunn; Jan 25th 2013 at 6:03 am.
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Old Jan 25th 2013, 9:19 am
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Default Re: I-864 Vs I-864W

Originally Posted by Dunn
Have you seen cases like ours where they delay issuing visas, because I am getting concerned?
It happens occasionally, but not often. If the visas are approved, they'll usually get the passports back to you within a few weeks.


Should I wait, and if so, how much longer should I wait before I contact them?
I would not wait any longer. You should contact them.


I assume if there was any issues with my wife's case they would have said so by now and mailed back her passport.
I wouldn't make that assumption.

Ian
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Old Jan 25th 2013, 3:06 pm
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Default Re: I-864 Vs I-864W

I have seen such a case - my wife's. But her wait was 3-4 weeks, not 2 months.

I agree with Ian - your wife should contact the consular section to inquire about the cases. It may be that they've slipped someone's mind.

Regards, JEff


Originally Posted by Dunn
Jefferey,

We are yet to receive a reply from the Consulate. It's almost 2 months already, and they haven't mailed back the passports nor issued a visa.

Have you seen cases like ours where they delay issuing visas, because I am getting concerned?
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Old Jan 30th 2013, 3:00 pm
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Default Re: I-864 Vs I-864W

We've finally contacted the embassy, and they gave us the dreaded "Your application is subject to additional administrative processing" reply. It sure as hell sucks to wanna emigrate to the U.S when everybody who is a Muslim is considered a threat. I believe this is akin to the Japanese American internment during world war 2.

Oh well, forgive me for the rant. We will see how it goes from here on out.
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Old May 1st 2013, 11:02 am
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Smile Re: I-864 Vs I-864W

Hi Dunn, did your family make it to the US? my family is in the same position and yes we are Muslim also. As I'm a US Citizen I have sought the help of my local Congressman, who has helped us immensely.
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Old May 22nd 2013, 5:03 am
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Default Re: I-864 Vs I-864W

Sorry for the delay, BritAcrossThePond.

Unfortunately my wife and children's case is still going through Administrative processing. We've been waiting for over 6 months and really frustrating.

Please tell me more about your congressman? Was he able to have them do their background checks quicker?

Thanks
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Old Jul 12th 2013, 11:32 pm
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Default Re: I-864 Vs I-864W

Unfortunately we are also still waiting for a response, it has been 90 days since the interview. We are also planning to request the assistance of our State Senator.
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Old Jul 13th 2013, 8:00 am
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Default Re: I-864 Vs I-864W

Nothing can speed up Administrative Processing, since for the US it is a matter of national security.
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Old Oct 8th 2013, 11:43 pm
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Default Re: I-864 Vs I-864W

Alhumdulilah, the family received their visa's and have travelled to the US last week. After seeking the assistance of the Senator, its seems things started moving rapidly.

Dunn, did you manage to resolve your families issue?
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