Became a US Citizen while wife and daughter in AP!

[kuraish 2]

Hi VJ family!

First of all, let me explain my current situation. I do apologize for this detailed description. Thanks in advance for reading this post and replying.

I WAS A LPR AND HAD FILED I-130 IN MAY 2008 FOR MY WIFE & DAUGHTER. THEY WERE IN F2A CATEGORY. WE HAD OUR INTERVIEW ON NOVEMBER 2010. OUR CASE WAS PUT ON ADMINISTRATIVE PROCESSING (AP). THEN VISA RETROGRESSION HAPPENED IN JANUARY 2011 AND OUR PD WAS NO LONGER CURRENT. WHEN I CHECKED OUR CASE STATUS WITH US EMBASSY/DOS, THEY SAID OUR PD IS NOT CURRENT TO COMPLETE THE ADMINISTRATIVE PROCESS.

Priority dates were not moving much in months of January to April. At that time I was eligible to apply for my US citizenship. So I went ahead and applied for it. Last week I became a US citizen. At the same time, according to August visa bulletin, our PD is current again.

Now I am facing a real problem!

Still I didn’t inform the US embassy about my US citizenship because of the following issue.

When my daughter was born in June 2010, we included her to my wife’s I-130 petition. So she is not in a separate I-130 petition. If I upgrade our case to IR-1, my daughter will no longer will get the visa from my wife’s I-130 petition. I had to file a separate new I-130 for my daughter under IR-2 category. So, it might take another 8-10 months to get a visa to my daughter.

Since our PD is current in August. If I didn’t inform the US Consulate/DOS about my change of status, whether they will complete the administrative process and issue the visa for my wife and daughter under F2A category. Is that a possibility?

If I inform about US citizenship, they will issue visa only for my wife after upgrading F2A to IR-1. Anyways, my wife cannot travel to US without our 1 year old daughter getting a visa.

As a US citizen is there any other quick way to bring my daughter to US other than filing I-130 waiting for another 8-10 months?

So guys, what you think about my current situation? If you were in my position, what will be your options?

Once again, thanks so much for your time and help. You guys know how hard is to miss your spouse and children for long time. I am really expecting your sincere advice and opinion from your knowledge

Regards,

kuraish

[kuraish 2]

Hi VJ family!

First of all, let me explain my current situation. I do apologize for this detailed description. Thanks in advance for reading this post and replying.

I WAS A LPR AND HAD FILED I-130 IN MAY 2008 FOR MY WIFE & DAUGHTER. THEY WERE IN F2A CATEGORY. WE HAD OUR INTERVIEW ON NOVEMBER 2010. OUR CASE WAS PUT ON ADMINISTRATIVE PROCESSING (AP). THEN VISA RETROGRESSION HAPPENED IN JANUARY 2011 AND OUR PD WAS NO LONGER CURRENT. WHEN I CHECKED OUR CASE STATUS WITH US EMBASSY/DOS, THEY SAID OUR PD IS NOT CURRENT TO COMPLETE THE ADMINISTRATIVE PROCESS.

Priority dates were not moving much in months of January to April. At that time I was eligible to apply for my US citizenship. So I went ahead and applied for it. Last week I became a US citizen. At the same time, according to August visa bulletin, our PD is current again.

Now I am facing a real problem!

Still I didn’t inform the US embassy about my US citizenship because of the following issue.

When my daughter was born in June 2010, we included her to my wife’s I-130 petition. So she is not in a separate I-130 petition. If I upgrade our case to IR-1, my daughter will no longer will get the visa from my wife’s I-130 petition. I had to file a separate new I-130 for my daughter under IR-2 category. So, it might take another 8-10 months to get a visa to my daughter.

Since our PD is current in August. If I didn’t inform the US Consulate/DOS about my change of status, whether they will complete the administrative process and issue the visa for my wife and daughter under F2A category. Is that a possibility?

If I inform about US citizenship, they will issue visa only for my wife after upgrading F2A to IR-1. Anyways, my wife cannot travel to US without our 1 year old daughter getting a visa.

As a US citizen is there any other quick way to bring my daughter to US other than filing I-130 waiting for another 8-10 months?

So guys, what you think about my current situation? If you were in my position, what will be your options?

Once again, thanks so much for your time and help. You guys know how hard is to miss your spouse and children for long time. I am really expecting your sincere advice and opinion from your knowledge

Regards,

kuraish

[James And Oksana 19]

Hi VJ family!

First of all, let me explain my current situation. I do apologize for this detailed description. Thanks in advance for reading this post and replying.

I WAS A LPR AND HAD FILED I-130 IN MAY 2008 FOR MY WIFE & DAUGHTER. THEY WERE IN F2A CATEGORY. WE HAD OUR INTERVIEW ON NOVEMBER 2010. OUR CASE WAS PUT ON ADMINISTRATIVE PROCESSING (AP). THEN VISA RETROGRESSION HAPPENED IN JANUARY 2011 AND OUR PD WAS NO LONGER CURRENT. WHEN I CHECKED OUR CASE STATUS WITH US EMBASSY/DOS, THEY SAID OUR PD IS NOT CURRENT TO COMPLETE THE ADMINISTRATIVE PROCESS.

Priority dates were not moving much in months of January to April. At that time I was eligible to apply for my US citizenship. So I went ahead and applied for it. Last week I became a US citizen. At the same time, according to August visa bulletin, our PD is current again.

Now I am facing a real problem!

Still I didn't inform the US embassy about my US citizenship because of the following issue.

When my daughter was born in June 2010, we included her to my wife's I-130 petition. So she is not in a separate I-130 petition. If I upgrade our case to IR-1, my daughter will no longer will get the visa from my wife's I-130 petition. I had to file a separate new I-130 for my daughter under IR-2 category. So, it might take another 8-10 months to get a visa to my daughter.

Since our PD is current in August. If I didn't inform the US Consulate/DOS about my change of status, whether they will complete the administrative process and issue the visa for my wife and daughter under F2A category. Is that a possibility?

If I inform about US citizenship, they will issue visa only for my wife after upgrading F2A to IR-1. Anyways, my wife cannot travel to US without our 1 year old daughter getting a visa.

As a US citizen is there any other quick way to bring my daughter to US other than filing I-130 waiting for another 8-10 months?

So guys, what you think about my current situation? If you were in my position, what will be your options?

Once again, thanks so much for your time and help. You guys know how hard is to miss your spouse and children for long time. I am really expecting your sincere advice and opinion from your knowledge

Regards,

kuraish

If the child is yours by birth, then you would be able to apply a N-600, and she would get a certificate of citizenship and then could have her own US passport. I am unsure otherwise what would happen if she is not your child biologically. I do think the NVC needs to be aware as well as the Embassy.

Edited July 22, 2011 by James And Oksana

[Jojo92122 1,924]

Hi VJ family!

First of all, let me explain my current situation. I do apologize for this detailed description. Thanks in advance for reading this post and replying.

I WAS A LPR AND HAD FILED I-130 IN MAY 2008 FOR MY WIFE & DAUGHTER. THEY WERE IN F2A CATEGORY. WE HAD OUR INTERVIEW ON NOVEMBER 2010. OUR CASE WAS PUT ON ADMINISTRATIVE PROCESSING (AP). THEN VISA RETROGRESSION HAPPENED IN JANUARY 2011 AND OUR PD WAS NO LONGER CURRENT. WHEN I CHECKED OUR CASE STATUS WITH US EMBASSY/DOS, THEY SAID OUR PD IS NOT CURRENT TO COMPLETE THE ADMINISTRATIVE PROCESS.

Priority dates were not moving much in months of January to April. At that time I was eligible to apply for my US citizenship. So I went ahead and applied for it. Last week I became a US citizen. At the same time, according to August visa bulletin, our PD is current again.

Now I am facing a real problem!

Still I didn’t inform the US embassy about my US citizenship because of the following issue.

When my daughter was born in June 2010, we included her to my wife’s I-130 petition. So she is not in a separate I-130 petition. If I upgrade our case to IR-1, my daughter will no longer will get the visa from my wife’s I-130 petition. I had to file a separate new I-130 for my daughter under IR-2 category. So, it might take another 8-10 months to get a visa to my daughter.

Since our PD is current in August. If I didn’t inform the US Consulate/DOS about my change of status, whether they will complete the administrative process and issue the visa for my wife and daughter under F2A category. Is that a possibility? No. You do not get a choice. When you became a US citizen, the case automatically upgraded to an Immediate Relative case. If you proceed with the visa applications in the F2a category and not inform the US Embassy that you are now a US citizen, you risk creating a material misrepresentation which could lead to your wife and child being ban from the US for life.

You have a legal way to bring your wife and child to the US. Don't try to cheat the system.

This is my thoughts to you. Inform the US Embassy that you are now a US citizen. Ask the US Embassy if you can expedite the I-130 and DS-230 for your child.

If I inform about US citizenship, they will issue visa only for my wife after upgrading F2A to IR-1. Anyways, my wife cannot travel to US without our 1 year old daughter getting a visa.

As a US citizen is there any other quick way to bring my daughter to US other than filing I-130 waiting for another 8-10 months?

So guys, what you think about my current situation? If you were in my position, what will be your options?

Once again, thanks so much for your time and help. You guys know how hard is to miss your spouse and children for long time. I am really expecting your sincere advice and opinion from your knowledge

Regards,

kuraish

[Jojo92122 1,924]

If the child is yours by birth, then you would be able to apply a N-600, and she would get a certificate of citizenship and then could have her own US passport. I am unsure otherwise what would happen if she is not your child biologically. I do think the NVC needs to be aware as well as the Embassy.

The child is not a US citizen and cannot qualify for a Certificate of Citizenship by filing Form N-600. Only unmarried children under the age of 18 living in the custody of the naturalizing parent derives US citizenship. Child residing abroad do not qualify.

The child will need an immigration visa. The child will automatically gain US citizenship when the child enters the US on the immigration visa to live with the US citizen dad. These are the requirements of the Child Citizenship Act.

[Ban Hammer 13,352]

duplicate topics have been merged

[Ma^Kali 0]

If I were ur situation I would call dos and see they can reschedule the interview date for visa. Otherwise u need file separate I 130 for ur daughter which will take atleast 3-6 months for visa processing. Just remember that once us embassy. Find out ur citizenship ur daughter will ask for file separate petition. Good luck.

[uphill 0]

Call DOS they are pretty good with information and your options will be made known to you.

[kuraish 2]

The child is not a US citizen and cannot qualify for a Certificate of Citizenship by filing Form N-600. Only unmarried children under the age of 18 living in the custody of the naturalizing parent derives US citizenship. Child residing abroad do not qualify.

The child will need an immigration visa. The child will automatically gain US citizenship when the child enters the US on the immigration visa to live with the US citizen dad. These are the requirements of the Child Citizenship Act.

Thanks jojo92122, uphill and others for your input. I will really appreciate it.

My main concern is after completion of the AP only my wife will receive the visa NOT my daughter. so, she has to wait for another 8-10 months till we process the I-130 and get the visa for our daughter. my wife has to use her imiigrant visa within 6 months from the date Visa issued.that's the reason I like to know is there any way that my wife can bring our daughter while she travelling to US.

I was struck in this visa process for almost 3.5 years. I am so dissapointed & stressful with this issues. I really miss my family!

once again Thanks guys for help.

KURAISH

[Boiler 45,546]

Nothing to stop you re uniting with your wife.

But you need to update your naturalisation with the Consulate.

[kuraish 2]

Guys,

Do you know anyone who became US Citizen while their spouse's case on Administrative Processing?

Do you need to inform this to the DOS?

Thanks.