citizenship

[Louised 11]

Hello, my name is Louise...we have plans to emigrate from the uk to America. My father is American born and bred and resides there still, he was in the airforce and stationed in England during the 80s...the end result was me! His name isn't on my birth certificate but we are in the process of having it changed with his name on it...I have had a DNA test done and he is 99.999% my father, just wondering if I obtain a passport would that automatically give me citizenship and would that entitle my husband, children and myself to then live in the US...? Any info would be much appreciated...I know that I need to go to the embassy with my mother and fill out lots of forms, also need my dad to fill out forms stateside...has anyone been in a similar situation? As I've come across people thinking it is a unique situation (when dealing with my birth certificate)

[canadian_wife 1,823]

If you are granted US citizenship, that simply allows you to petition for your husband and children, they are not automatically entitled to live in the US.

If you are granted US citizenship, I assume your children will not be eligible for US derivative citizenship as you would not meet the residency requirement so you would petition for all of them

Good luck

[JoannaV 174]

What the previous poster said. If you are entitled to US citizenship, that entitles you to a US passport as well. Then you must petition for your children and husband, this is around an 8-10 month process. If you don't want to move to the US alone before your family come, and do not have substantial savings, you will need an American to sponsor your family. (Ie someone with a sufficient income.) So if your father is able/willing then that would be the easy solution :-)

[Louised 11]

Thank you, it's nice to have a straightforward answer I'm sure my father would be willing to sponsor them, do you know what he'd need to be earning to be deemed 'sufficient income'? And if that failed, how long would I have to live over there on my own before they came over?

What the previous poster said. If you are entitled to US citizenship, that entitles you to a US passport as well. Then you must petition for your children and husband, this is around an 8-10 month process. If you don't want to move to the US alone before your family come, and do not have substantial savings, you will need an American to sponsor your family. (Ie someone with a sufficient income.) So if your father is able/willing then that would be the easy solution :-)

[Penguin_ie 5,995]

How much he'd need to earn would depend on how many he has in his household. Ie does he have a wife or dependants, and how many kids do you have? For example if he has a wife but no kids, and you have two kids, it would be him+ his wife+ your husband+ your kids= 5 He needs to make 125% of the poverty level to sponsor, for for 5 people that would be $32'712 (see: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD ).

If he doesn't have enough money, you have two options:

- You can sponsor on assets if you have enough savings/ property/ shares etc (three times as much as the 125% poverty level).

- You can move to the USA and start work. It may be difficult to find a job! If you have a permanent job which makes comfortably over the poverty line, a letter from the employer stating so, plus a couple of paystubs, should be enough.

[Louised 11]

He earns around $40000 a year and owns his own home, he's currently living on his own, I'd be bringing myself, my hubby and two children, my hubby is an engineer and would hopefully be able to get a job, and I am about to start training as a teaching assistant, so would look to work in a school...

How much he'd need to earn would depend on how many he has in his household. Ie does he have a wife or dependants, and how many kids do you have? For example if he has a wife but no kids, and you have two kids, it would be him+ his wife+ your husband+ your kids= 5 He needs to make 125% of the poverty level to sponsor, for for 5 people that would be $32'712 (see: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD ).

If he doesn't have enough money, you have two options:

- You can sponsor on assets if you have enough savings/ property/ shares etc (three times as much as the 125% poverty level).

- You can move to the USA and start work. It may be difficult to find a job! If you have a permanent job which makes comfortably over the poverty line, a letter from the employer stating so, plus a couple of paystubs, should be enough.

[NickD 203]

He earns around $40000 a year and owns his own home, he's currently living on his own, I'd be bringing myself, my hubby and two children, my hubby is an engineer and would hopefully be able to get a job, and I am about to start training as a teaching assistant, so would look to work in a school...

I-864 is that nasty form, you can also augment that with an I-864A to combine assets.

I-864 is here for all the details. Only good thing I can say about the I-864 is the filing fee is free, but so is the I-693, the medical form, really don't know if you have a USCIS approved doctor in the UK, some US approved doctors are more interested in becoming a billionaire then anything else than filling out that simple form. Maybe you can download that form and have all the tests done in the UK plus have your complete medical records. I after a search was able to find an approved country doctor that was more interested in his patients than becoming a billionaire.

An I-130 had to be done on each person by you to petition plus each person has to do an I-485, that will be around 4,500 bucks for those six forms and since you been married for over two years, they should all get their ten year green cards to save another bundle of money. Your kids if well under 18 will automatically become US citizens when your husband is naturalized, but without proof of that.

All the forms are listed here. More help is available in this wonderful board as you progress, welcome!

[JoannaV 174]

For a household size of 4 (your father, your husband, the two kids) he only needs to earn $27,937 so sounds like you are all set on the financial front :-)

Once you have your citizenship sorted out you can go here to start the journey to the US: http://london.usembassy.gov/immigrant-visas/immediate-relatives.html Should be pretty easy to follow the links to find the information needed :-)

You will file I-130 petitions for your husband and two children. You will file this in the UK. Cost will be 3 times $420.

You will then wait. Once those petitions are approved, you will have another set of visa application forms to fill out. The visa application fee is $404 per applicant. Your husband and children will also need to have medicals in London, the cost for the medical is £210.

You will then receive an interview appointment. This should be a breeze and once everyone has their visas you can head to the US :-)

[NickD 203]

Could be a gray area here, if the mom is a verifiable US citizen, seems like the kids, especially if under 18 years of age are also. Sure doesn't hurt to ask to learn if they also can get their US passports. Would certainly save a lot of time and money.

Regarding that I-130, and I had a darn good immigration attorney, one of the top in the USA. We submitted the I-130, I-485, I-864, I-864a, G325a's, I-693's, think that was it, all at the same time as my wife and daughter already had tourist visa's. Once we received the NOA, their I-94 visa limits were removed. Took some time for our AOS interview, darn near a year, but we didn't care, we were together. Everything was perfectly acceptable to the USCIS. Maybe a different way of doing it. That is also worth checking into if the dad already has a visa.

[canadian_wife 1,823]

Could be a gray area here, if the mom is a verifiable US citizen, seems like the kids, especially if under 18 years of age are also. Sure doesn't hurt to ask to learn if they also can get their US passports. Would certainly save a lot of time and money.

Regarding that I-130, and I had a darn good immigration attorney, one of the top in the USA. We submitted the I-130, I-485, I-864, I-864a, G325a's, I-693's, think that was it, all at the same time as my wife and daughter already had tourist visa's. Once we received the NOA, their I-94 visa limits were removed. Took some time for our AOS interview, darn near a year, but we didn't care, we were together. Everything was perfectly acceptable to the USCIS. Maybe a different way of doing it. That is also worth checking into if the dad already has a visa.

I don't think the mom meets the residency requirements for derivative citizenship does she?

[Jojo92122 1,924]

Could be a gray area here, if the mom is a verifiable US citizen, seems like the kids, especially if under 18 years of age are also. Sure doesn't hurt to ask to learn if they also can get their US passports. Would certainly save a lot of time and money.

Regarding that I-130, and I had a darn good immigration attorney, one of the top in the USA. We submitted the I-130, I-485, I-864, I-864a, G325a's, I-693's, think that was it, all at the same time as my wife and daughter already had tourist visa's. Once we received the NOA, their I-94 visa limits were removed. Took some time for our AOS interview, darn near a year, but we didn't care, we were together. Everything was perfectly acceptable to the USCIS. Maybe a different way of doing it. That is also worth checking into if the dad already has a visa.

It is illegal to enter the US on visitor visas and the VWP with the intent to immigrate. What you are suggesting is immigration fraud since the OP has already stated she has the intent to immigrate to the US.

If Mom derived US citizenship from her father, she will be entitled to a US passport. Mom does not meet the 5 years residency rule to pass US citizenship on to her children. As a US citizen, she can petition for her husband and children. Upon admission to the US, her children will gain US citizenship under the Child Citizenship Act.

Here is an brief outline for Louised;

1. Obtain US passport which will evidence Mom's US citizenship.

2. File separate I-130s for husband and each of the children with the USCIS office at the US Embassy in London.

3. I-130s will be approved showing that the US citizen has qualifying relationships with the beneficiaries that will allow the beneficiaries to apply for immigration visas as Immediate Relatives.

4. Beneficiaries will file Form DS-230, the Immigration Visa Application, with supporting documents.

5. Mom and Grandfather (Mom's Dad) will each file a I-864w for each of the children. (YES - FORM I-864w). This form is allowed for the children because they will gain US citizenship upon entry into the US under the Child Citizenship Act. The I-864 obligations for the children will end upon entry because they will be US citizens.

6. Mom and Grandfather will each file an I-864 for the husband. The household count will be = self + dependents + immigrant. Immigrants on other I-864s are not counted in this unless they are dependents. Mom's household count will be 4 = self, immigrant husband, and two dependent children. Grandfather has to make enough for himself, his dependents, and the intending immigrant. If Grandfather does not have any dependents or a spouse, then the count is 2 (himself and the immigrating husband).

7. Interview for the immigration visas. If there are no issues, they will be granted.

8. Enter the US. Children are automatically US citizens. It is advisable that Mom files the N-600 (Certificate of Citizenship) and for US passports for each of the children to gain documents showing they are US citizens.

9. Dad will get his 10 years green card (marriage over 2 years).

10. Get Social Security numbers/cards for everyone in the family. You will need them to work and for tax purposes.

11. After 3 years as an LPR, Dad can qualify to be a US citizen.

Edited July 26, 2011 by Jojo92122

[Jojo92122 1,924]

How much he'd need to earn would depend on how many he has in his household. Ie does he have a wife or dependants, and how many kids do you have? For example if he has a wife but no kids, and you have two kids, it would be him+ his wife+ your husband+ your kids= 5 He needs to make 125% of the poverty level to sponsor, for for 5 people that would be $32'712 (see: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD ).

If he doesn't have enough money, you have two options:

- You can sponsor on assets if you have enough savings/ property/ shares etc (three times as much as the 125% poverty level).

- You can move to the USA and start work. It may be difficult to find a job! If you have a permanent job which makes comfortably over the poverty line, a letter from the employer stating so, plus a couple of paystubs, should be enough.

Under the Child Citizenship Act, the kids will automatically be US citizens when they enter the US on immigration visas. The I-864 obligations for them will end upon entry into the US. Mom and Grandfather, as sponsor and joint sponsor, will file Form I-864w for the chidl

The household count when Grandfather files his I-864 for the husband will be 2 (himself + the intending immigrant Dad). The children are not GF's dependents, so he doesn't count them. His household count is not 5.

Edited July 26, 2011 by Jojo92122

[Penguin_ie 5,995]

Under the Child Citizenship Act, the kids will automatically be US citizens when they enter the US on immigration visas.

I agree with you that they will be citizens upon entry, but as they need a visa to enter, I still maintain they need to be counted in the household size.

[Brother Hesekiel 2,236]

Actually,

and that's purely stating the facts, the children will be US citizens once they have been "admitted" to the U.S. Now try to figure out what "admitted" includes and take it from there.

[Jojo92122 1,924]

I agree with you that they will be citizens upon entry, but as they need a visa to enter, I still maintain they need to be counted in the household size.

They will be counted in Mom's household size, but not Grandfather's household. Look at Question 21 of the I-864; Sponor's Household size.

Grandfather counts the immigrant that he sponsoring on THAT affidavit which is one. Grandfather then counts himself. He counts his spouse, his dependent children, his other dependents, and any persons on an I-864 or I-864EZ who are NOW lawful permanent residents (please note that the I-864w is not a part of this requirement).

The children are sponsored separately on their own I-864w so they are not counted in Grandfather's household size. They are not his dependents. They are not NOW LPR when GF files for Dad; nor were they sponsored with an I-864 or I-864EZ. The children do not fit in any of these categories, so they are not counted on GF's I-864 for Dad.

If you still maintain that the children are counted in Grandfather's I-864 for Dad, then please show me where it states that they should be counted.

Edited July 27, 2011 by Jojo92122