I-864W Question

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Old Sep 23rd 2010, 7:18 pm
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Default I-864W Question

Hello all,

I'm filling out these forms for each of my kids (6 & 3 years) and I realize that it's a form to exempt you from the full blown I-864, but I would still have expected the need for some proof of means & income. The form doesn't appear to ask for any tax returns, paychecks or whatever.

Are they just assuming that under 18's will be supported by the parents regardless of their income?

If I've missed something I'd be grateful for a heads up - a simple USCIS form is generally a contradiction in terms!

Thanks,

Scotia
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Old Sep 23rd 2010, 7:25 pm
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Default Re: I-864W Question

Are the two children the only ones immigrating? Are you the USC parent?

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Old Sep 23rd 2010, 7:26 pm
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Default Re: I-864W Question

Trying to remember your details... but the point of the I-864W is that the kids will become citizens the moment after it is executed at the border, right?
At that point, they're entitled to be as broke as the rest of us.
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Old Sep 23rd 2010, 7:28 pm
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Default Re: I-864W Question

Originally Posted by Noorah101
Are the two children the only ones immigrating? Are you the USC parent?
I am the USC parent and the kids are the only ones immigrating. My wife already has permanent residency.

I know my wife and kids should have applied together but that's a long story.
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Old Sep 23rd 2010, 7:38 pm
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Default Re: I-864W Question

Originally Posted by meauxna
Trying to remember your details... but the point of the I-864W is that the kids will become citizens the moment after it is executed at the border, right?
At that point, they're entitled to be as broke as the rest of us.
They will definitely go for citizenship ASAP. They are already in the US and have been since their visitor status lapsed in Feb 2009. Our attorney is confident that we'll be OK to submit a I-130 / I-485 / I-865 pack for each.

It was just strange that any affidavit of support document wouldn't require some proof of the means to support.
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Old Sep 23rd 2010, 7:47 pm
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Default Re: I-864W Question

Originally Posted by scotia100
They will definitely go for citizenship ASAP. They are already in the US and have been since their visitor status lapsed in Feb 2009. Our attorney is confident that we'll be OK to submit a I-130 / I-485 / I-865 pack for each.

It was just strange that any affidavit of support document wouldn't require some proof of the means to support.
It's not at all strange if you think about what happens to your children the moment their I-485 is approved.

There is no law that says a US citizen has to have any level of income. The kids will be citizens. It's what the folks call 'a paperwork exercise'.
The form instructions explain why.
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Old Sep 23rd 2010, 8:09 pm
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Default Re: I-864W Question

Originally Posted by scotia100
They will definitely go for citizenship ASAP. They are already in the US and have been since their visitor status lapsed in Feb 2009.
Please refresh my memory, were you not able to pass citizenship to the children?

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Old Sep 23rd 2010, 9:25 pm
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Default Re: I-864W Question

Originally Posted by ian-mstm
Please refresh my memory, were you not able to pass citizenship to the children?
Unfortunately not. Although I am a USC, I spent most of my life in the UK and had no way to demonstrate that I lived in the US for 5 years prior to their birth (2 of them after my 14th birthday).

Without that evidence, my status as a USC is of little advantage and they need to go through the mill for permanent residency etc.

The real bummer is that we could have applied simultaneously for my wife and kids last year (my wife got her green card June '09) saving a lot of time and about $1,000 in additional filing and attorney fees. I got some bad, albeit free, advice from an immigration attorney in Albany, NY.

I guess I should have looked that particular gift-horse in the mouth, eh?

Cheers!

Scotia
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