Filing for child

[rncarterjm 0]

I am planning to file a I-130 for my 4 year old child, who now lives in Jamaica with her mother. However, I was initially thinking about filing for her to spend the holidays (summer & Christmas) with me here in the USA. My concern now is what do I need to file along with the I-130 knowing that she will not be living permanently until about 2 years from now. Please advise?

[Jojo92122 1,924]

I am planning to file a I-130 for my 4 year old child, who now lives in Jamaica with her mother. However, I was initially thinking about filing for her to spend the holidays (summer & Christmas) with me here in the USA. My concern now is what do I need to file along with the I-130 knowing that she will not be living permanently until about 2 years from now. Please advise?

You are fine. Your daughter will automatically become a US citizen when she immigrates to the US under the Child Citizenship Act (CCA), and she will be free to travel back and forth between Jamaica and the US.

Here is what is going to happen.

You file the I-130 for your daughter. Once it is approved, the NVC will ask you to send in an I-864 Affidavit of Support and your daughter will file a DS-230 for an immigration visa. However, since your daughter will become a US citizen when she arrives, you can file the I-864w which is essentially a waiver of the I-864. It doesn't matter if you have zero in income.

Once your daughter is admitted to the the US on her immigration visa (must be an immigration visa for those out there - it cannot be a non-immigrant visa like a visitor visa), she automatically becomes a US citizen under the CCA. You can use a photocopy of your naturalization certificate to apply for a US passport for your daughter based on her derivative US citizenship.

With US citizenship and a US passport, your daughter can spend the holidays and summers with you and the remainder in Jamaica.

[elkhris 7]

I am planning to file a I-130 for my 4 year old child, who now lives in Jamaica with her mother. However, I was initially thinking about filing for her to spend the holidays (summer & Christmas) with me here in the USA. My concern now is what do I need to file along with the I-130 knowing that she will not be living permanently until about 2 years from now. Please advise?

Are you a USC? If so she will obtain US citizenship from you on arrival, then she could go back to JA without worrying about the time she's going to spend there.

You need to follow the guides at the top of this page, they are very helpful.

[rncarterjm 0]

You are fine. Your daughter will automatically become a US citizen when she immigrates to the US under the Child Citizenship Act (CCA), and she will be free to travel back and forth between Jamaica and the US.

Here is what is going to happen.

You file the I-130 for your daughter. Once it is approved, the NVC will ask you to send in an I-864 Affidavit of Support and your daughter will file a DS-230 for an immigration visa. However, since your daughter will become a US citizen when she arrives, you can file the I-864w which is essentially a waiver of the I-864. It doesn't matter if you have zero in income.

Once your daughter is admitted to the the US on her immigration visa (must be an immigration visa for those out there - it cannot be a non-immigrant visa like a visitor visa), she automatically becomes a US citizen under the CCA. You can use a photocopy of your naturalization certificate to apply for a US passport for your daughter based on her derivative US citizenship.

With US citizenship and a US passport, your daughter can spend the holidays and summers with you and the remainder in Jamaica.

I am not sure she will be a citizen because i became a US citizen after she was born.....

[Jojo92122 1,924]

I am not sure she will be a citizen because i became a US citizen after she was born.....

She will be a US citizen. Have you looked at the CCA? Go look at it.

[Kang 22]

Why don't you get for CBRA instead? I-130 can take about a year

Edited October 20, 2011 by Kang

[Jojo92122 1,924]

Why don't you get for CBRA instead? I-130 can take about a year

He can't file a CRBA. CRBA are for children who derive US citizenship at birth. This child is not a US citizen by birth.

The I-130 route is absolutely necessary. The child must have LPR status to derive US citizenship from her naturalized father. The only way for her to get LPR status is for her father to petition for her.

[rncarterjm 0]

He can't file a CRBA. CRBA are for children who derive US citizenship at birth. This child is not a US citizen by birth.

The I-130 route is absolutely necessary. The child must have LPR status to derive US citizenship from her naturalized father. The only way for her to get LPR status is for her father to petition for her.

My hope is that is I start the petition in November or December of this year then she will be here by summer 2012

[Jojo92122 1,924]

My hope is that is I start the petition in November or December of this year then she will be here by summer 2012

It's possible that a case for your daughter could be completed by the summer, but it's probably unlikely to happen as it takes 6-12 months on average to petition for an Immediate Relative.

[Kang 22]

He can't file a CRBA. CRBA are for children who derive US citizenship at birth. This child is not a US citizen by birth.

The I-130 route is absolutely necessary. The child must have LPR status to derive US citizenship from her naturalized father. The only way for her to get LPR status is for her father to petition for her.

If he is a USC (given that when he files I-130, the child becomes a citizen), why can't the child get CRBA?

What are his circumstances?

[Jojo92122 1,924]

If he is a USC (given that when he files I-130, the child becomes a citizen), why can't the child get CRBA?

What are his circumstances?

Read the instructions for a CRBA. A CRBA requires a US citizen parent at the time of birth. He was not a citizen at the time of his dauther's birth. She was born 4 years ago and he became a US citizen in 2010.

There is no "given that when he files I-130, the child becomes a citizen." Read the CCA. There are four conditions that must be met; one is that the child must be an LPR. The child does not become an LPR until the child is admitted (enters) to the US on an immigration visa. Filing the I-130 alone does not meet the requirements of the CCA and the child is not a citizen.

Read rncarterjm's signature to understand his circumstances.

[rncarterjm 0]

Read the instructions for a CRBA. A CRBA requires a US citizen parent at the time of birth. He was not a citizen at the time of his dauther's birth. She was born 4 years ago and he became a US citizen in 2010.

There is no "given that when he files I-130, the child becomes a citizen." Read the CCA. There are four conditions that must be met; one is that the child must be an LPR. The child does not become an LPR until the child is admitted (enters) to the US on an immigration visa. Filing the I-130 alone does not meet the requirements of the CCA and the child is not a citizen.

Read rncarterjm's signature to understand his circumstances.

'Jojo92122' so basically i need to file the I-130 and after the child is admitted in the the USA then the CCA will come in effect. right?

[Jojo92122 1,924]

'Jojo92122' so basically i need to file the I-130 and after the child is admitted in the the USA then the CCA will come in effect. right?

That's right.