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reginakrys

MInor Child of USC

By reginakrys in Bringing Family Members of US Citizens to America

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reginakrys Community Regular

reginakrys   33

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

I've been reading a lot about the IR1/CR1 visa (for me), but it just occurred to me that I don't know which visa our daughter is eligible for. My husband is a USC, but has not fulfilled the residency requirements to pass on citizenship. We filed a separate I-130 for her. Which visa will she get?

Thanks!

USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

I've been reading a lot about the IR1/CR1 visa (for me), but it just occurred to me that I don't know which visa our daughter is eligible for. My husband is a USC, but has not fulfilled the residency requirements to pass on citizenship. We filed a separate I-130 for her. Which visa will she get?

Thanks!

Your daughter would get a IR-2 visa.

Once she enters the US on the IR-2 visa to live with her US citizen father, she automatically becomes a US citizen under the Child Citizenship Act. You and your husband can file for a US passport for your daughter as proof of US citizenship.

reginakrys Community Regular

reginakrys   33

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
  • Author
Posted

Your daughter would get a IR-2 visa.

Once she enters the US on the IR-2 visa to live with her US citizen father, she automatically becomes a US citizen under the Child Citizenship Act. You and your husband can file for a US passport for your daughter as proof of US citizenship.

Thanks for your response. Is the IR-2 process same as the one for IR-1? I couldn't find a comprehensive guide on IR-2 here.

And, I think the Child Citizenship Act requires the USC parent to have resided there for at least 5 years. My husband only lived there for 5 months, LOL.

USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Thanks for your response. Is the IR-2 process same as the one for IR-1? I couldn't find a comprehensive guide on IR-2 here.

And, I think the Child Citizenship Act requires the USC parent to have resided there for at least 5 years. My husband only lived there for 5 months, LOL.

Yes, more or less. The primary difference is the sort of evidence the petitioner has to provide to prove that there's a petitionable relationship. With a spousal visa (IR1) the petitioner needs to prove there's bona fide marital relationship. With an IR2 the petitioner has to prove there's a parent/child relationship, either biologically or via marriage to a biological parent of the child's.

You're talking about the clause in the CCA that describes how a child acquires citizenship at birth. Jojo was talking about the clause about how a child acquires citizenship through a US citizen parent. The requirements are that the child be under 18 years of age, the child was admitted to the US for permanent residence (this happens the day they enter the US with an immigrant visa), and that they are in the physical custody of their US citizen parent. If those conditions are met then the child automatically acquires citizenship.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

reginakrys Community Regular

reginakrys   33

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
  • Author
Posted

Yes, more or less. The primary difference is the sort of evidence the petitioner has to provide to prove that there's a petitionable relationship. With a spousal visa (IR1) the petitioner needs to prove there's bona fide marital relationship. With an IR2 the petitioner has to prove there's a parent/child relationship, either biologically or via marriage to a biological parent of the child's.

You're talking about the clause in the CCA that describes how a child acquires citizenship at birth. Jojo was talking about the clause about how a child acquires citizenship through a US citizen parent. The requirements are that the child be under 18 years of age, the child was admitted to the US for permanent residence (this happens the day they enter the US with an immigrant visa), and that they are in the physical custody of their US citizen parent. If those conditions are met then the child automatically acquires citizenship.

Oh, I thought it was the same thing. Thank you very much for clearing that up!

USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

reginakrys Community Regular

reginakrys   33

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
  • Author
Posted

I have a couple of other questions:

1. My USC husband will have to file an 864-W for our daughter, and not an 864. Is this correct?

2. We're planning on getting his aunt as a co-sponsor. His income is probably above the minimum, but he just recently started his job and he's not sure if he can get enough "proof of income". His aunt will fill up another 864, right?

3. If yes, will that cost another $88?

Thanks!

USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

I have a couple of other questions:

1. My USC husband will have to file an 864-W for our daughter, and not an 864. Is this correct?

2. We're planning on getting his aunt as a co-sponsor. His income is probably above the minimum, but he just recently started his job and he's not sure if he can get enough "proof of income". His aunt will fill up another 864, right?

3. If yes, will that cost another $88?

Thanks!

1. Yes. He can file an I-864-W since his child will automatically be a US citizen when admitted to the US on the immigrant visa.

2. A joint sponsor is not needed when your husband files the I-864-W for his child. The "W" means waiver of the I-864.

3. The $88 fee covers all affidavit of support for that case. It is only paid once even if there is a joint sponsor and/or household member.

reginakrys Community Regular

reginakrys   33

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
  • Author
Posted (edited)

1. Yes. He can file an I-864-W since his child will automatically be a US citizen when admitted to the US on the immigrant visa.

2. A joint sponsor is not needed when your husband files the I-864-W for his child. The "W" means waiver of the I-864.

3. The $88 fee covers all affidavit of support for that case. It is only paid once even if there is a joint sponsor and/or household member.

Oh, I forgot to mention earlier that he will still be filing an I-864 for me. So, the joint sponsor will be for the benefit of my petition, hehe.

So, $88 for each case - one for mine and another for our daughter? Or is the fee waived since the form for her is a waiver?

Edited by reginakrys

USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Oh, I forgot to mention earlier that he will still be filing an I-864 for me. So, the joint sponsor will be for the benefit of my petition, hehe.

So, $88 for each case - one for mine and another for our daughter? Or is the fee waived since the form for her is a waiver?

DoS still charges a fee for processing the waiver request if the form is filed in the US.

http://travel.state.gov/visa/immigrants/info/info_3178.html#forms_fee

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted

Oh, I forgot to mention earlier that he will still be filing an I-864 for me. So, the joint sponsor will be for the benefit of my petition, hehe.

So, $88 for each case - one for mine and another for our daughter? Or is the fee waived since the form for her is a waiver?

For you: Your husband files Form I-864. His aunt files a separate I-864 as the joint sponsor. The AOS fee is $88.

For your child with husband: Your husband files Form I-864W. The fee is $88.

reginakrys Community Regular

reginakrys   33

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
  • Author
Posted

DoS still charges a fee for processing the waiver request if the form is filed in the US.

http://travel.state.gov/visa/immigrants/info/info_3178.html#forms_fee

For you: Your husband files Form I-864. His aunt files a separate I-864 as the joint sponsor. The AOS fee is $88.

For your child with husband: Your husband files Form I-864W. The fee is $88.

Okay. Thank you guys very much. You're very helpful to all the people here. =)

USCIS

10/01/11 - Filed (2) I-130's

10/04/11 - NOA-1

04/05/12 - NOA-2

Your I-130 was approved in 184 days from your NOA1 date.

NVC

04/23/12 - NVC received both cases (18 days/12 business days from NOA-2)

05/07/12 - Case numbers and IIN's (14 days/10 business days since NVC received)

05/07/12 - Sent out DS-3032 by email; auto-response received

05/08/12 - AOS fee invoiced, paid - "IN PROCESS"

05/09/12 - AOS fee shows as "PAID"

05/10/12 - Spouse's DS-3032 accepted; minor child's rejected = had petitioner call NVC = received verbal acceptance from operator

05/11/12 - Spouse's IV fee invoiced

05/14/12 - Daughter's IV fee invoiced, paid both IV fees - "IN PROCESS"

05/15/12 - Both IV fees show as "PAID"

05/16/12 - Sent both AOS and both IV packages to NVC via USPS (expected delivery: 05/19/12)

05/21/12 - All 4 packages delivered

05/30/12 - Received checklist for daughter's AOS

05/31/12 - Sent response to checklist via USPS (expected delivery: 06/01/12); Spouse's case completed

06/07/12 - Daughter's case completed; waiting for interview date

06/14/12 - P4 received: interview date 07/11/12

Embassy

07/04-05/12 - Medical at SLEC

07/11/12 - Interview: APPROVED!

07/14/12 - Visas on hand

POE: 10/17/12

GC's on hand: 10/31/12

 
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