IR-1 for my Child, only to Naturalize her

[birdyconfused 0]

I am a US citizen by birth, however, lived abroad for most of my life.

My recently born daughter doesn’t have a claim to US citizenship because I do not fulfill the requirement of physical presence (min. 5 years of which 2 years should be after age of 14) in the United States in order for my overseas born child to be able to claim US citizenship.

Therefore, I need to apply IR-1 for my daughter only to naturalize her as a US citizen (because as soon as a minor enters United States on IR-1 becomes a US citizen automatically).

As I understand, Immigration laws require a person to have US domicile or at least have intention to establish his/her domicile to be able to sponsor an immigration visa to their immediate relatives. Although I may provide many evidences showing my intentions to establish domicile, my actual intention is just to naturalize my daughter so that we should be able to travel freely and move to USA as and when we want.

Now the question is:

Would it be OK to state in the IR-1 cover letter that my intentions are just to naturalize my daughter upon entry on an immigration visa and come back to join my husband or should I show the intention of establishing a domicile in the United States?

(PS: My husband got CR-1 2.5 years ago but we couldn’t move to States permanently due to his work commitments and my not be able to move for another 5 years. His conditional GC expired few months back. I don’t know if this may affect my daughter’s case)

Edited June 7, 2010 by birdyconfused

[trailmix 77]

Domicile is one of the requirements of the I-864, however, in the case of your Daughter, she is exempt from requiring a sponsor.

Have a look at the I-864W as this is what you will file instead.

2. Intending immigrant is a child who will become a U.S. citizen immediately upon entry under the Child Citizenship Act of 2000 (CCA). Under the CCA, some children become U.S. citizens immediately upon admission to the United States or adjustment of status to that of a lawful permanent resident.

Now the challenge here is that one of the requirements to use the I-864W is that:

"The child is residing permanently in the United States in the legal and physical custody of the U.S. parent"

Now whether or not that means a short visit to establish her citizenship is good enough, I don't know, but I thought I would pass along this bit of information. I'm sure someone else will be able to give you more information, good luck.

Edited June 7, 2010 by trailmix

[birdyconfused 0]

trailmix:

thanks for your reply.

"The child is residing permanently in the United States in the legal and physical custody of the U.S. parent"

dont you think this bit will apply to those who are applying for Adjustment of Status. I guess for an intending immigrant this bit cannot apply.

Thanks

[trailmix 77]

trailmix:

thanks for your reply.

dont you think this bit will apply to those who are applying for Adjustment of Status. I guess for an intending immigrant this bit cannot apply.

Thanks

Well actually it can. Once the parent crosses the border with the child, then they are, in effect, residing with the child in the U.S. - it's the 'permanently' part, for you, that may be a problem. I'm not sure.

For instance, my Nephew immigrated to the U.S. with my Sister (who is a U.S. citizen), they went the whole I-130 route, as you would be. The only difference is they actually were living in the U.S. at the time. Still had to cross the border, do the whole port of entry thing.