I-130 pending and traveling to the US.

[Kergan 0]

I have begun the the process of obtaining a US Citizenship for my 2 sons and an immigrant visa for my wife. Since this process takes between 3-5 months, I need to know if my wife can visit me since she currently has an unexpired visitors visa and what can I do with my two sons who currently don´t have a visitors visa?

[X Factor 1,112]

I think you clicked twice since this is a duplicate post

[NigeriaorBust 4,087]

Your sons will never be given visitors visas if they have claim to citizenship. You need to get them US passports to travel with. There is a stong possibility that a person on a visitors visa with 2 USC chilren in tow would be turned away at POE for apparent immigrant intent.

[KLS2010 30]

There is no problem with your wife visiting while your I-130 is processing as long as she enters the country legally (which she would if she has an un-expired visa). Some beneficiaries may have a harder time though of convincing CBP to let them enter. I'm not sure if that would be the case for your wife's country or not.

I think the bigger problem would be with the children. If they don't yet have US passports, I dont think there is anyway they could be allowed in. If they are eligible for US citizenship, that makes them in-eligible for visas. And obviously, anyone coming to the US on anything other than a US passport, needs to have either a visa or a visa waiver.

Hopefully another VJ member can either confirm what I've said, or please, correct me if I'm wrong.

EDIT: Also, I'm not sure what exactly you are referring to when you mentioned a 3-5month timeframe. Maybe you are talking about for the citizenship process for your children? The process for your wife to get an immigrant visa will probably take alot longer than 3-5mths. CR-1/IR-1 visas usually take about 8-9 mths, give or take.

Edited July 4, 2012 by KLS2010

[Kergan 0]

I really appreciate the replies. Thanks!

[aaron2020 11,651]

With a visitor visa, your wife can visit. Without visitor visas, your sons cannot visit the US.

Your cannot obtain US citizenship for your sons at this time. You are applying to be a US citizen. Your sons MUST have green cards in order for you to pass US citizenship to them. This is an absolute requirement for them to derive US citizenship from you under the Child Citizenship Act. They cannot obtain US citizenship through you when they were born before you naturalized and they do not have green cards.

You must file separate immigration petitions (I-130) for your wife and sons. Once your sons get their green cards upon entering the US, they will at that time derive US citizenship through you. Your wife will remain an LPR.

By the way, it does not take 3-5 months to obtain immigration visas. That is only to approve the I-130 which is the first step. It will probably take 6-12 months to complete the entire process.

Edited July 5, 2012 by aaron2020