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Do I Declare Births abroad Before Filing?

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Filed: Country: Canada
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Hi, I am trying to get the small things out of the way before sending off our I-130. My husband is a USC and we were wondering what other families with children did regarding their children's citizenship. Should I declare my children's births before filing? Or is it redundant since they will be on the application anyway? Thanks again :)

K-1

Jason- KY, USA

Chelaine- ON, Canada

30/03/05 Met online

24/08/05 Visited for the first time in Canada

19/02/06 Visited for the second time in Canada

1/05/06 Got engaged =)

2/05/06 Found out we were pregnant

18/08/06 GOT MARRIED!! (AB)

06/06/06 Chelaine visits KY

6/01/07 Our son was born :)

28/12/07 Jason comes to Canada

05/05/08 Jason becomes homesick

10/05/08 Chelaine finds herself at visajourney.com

28/07/2009 Jason gets his permanent residence

28/08/2009 Our daughter was born :)

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Filed: Lift. Cond. (pnd) Country: Egypt
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Hi, I am trying to get the small things out of the way before sending off our I-130. My husband is a USC and we were wondering what other families with children did regarding their children's citizenship. Should I declare my children's births before filing? Or is it redundant since they will be on the application anyway? Thanks again :)

What do u mean? does it ask on the form about their citizenship? if it asks I dunno whats the problem of declaring their citizenship

K1 visa process
06/08/2011 I-129 sent
06/11/2011 I-129F NOA1 (Receipt)
09/23/2011 I-129F NOA2 (Approved)
10/11/2011 Package Received By NVC
10/11/2011 Package Left From NVC
10/16/2011 Received By Consulate
10/20/2011 Rec Instructions (Pkt 3)
11/09/2011 Complete Instructions (Pkt 3)
01/21/2012 Rec Appointment Letter (Pkt 4)
02/21/2012 Interview Date (K1 Visa)
02/21/2012 Interview Result Approved
02/29/2012 K1 Visa Received

03/16/2012 US Entry
03/19/2012 Marriage

Our AOS process
03/29/2012 AOS I-485/ EAD I-765/ AP I-131 filed
04/04/2012 NOA1 for AOS/ EAD/ AP
04/23/2012 Case transferred
05/08/2012 Biometric Appt Date for AOS and EAD
06/01/2012 EAD and Ap approved
06/09/2012 EAD and Ap combo card received
08/24/2012 AOS Approved
09/09/2012 Green Card received with no interview

Removing Conditions

05/27/2014 I-751 sent to Vermont Service Center

05/30/2014 Package Received

06/02/2014 NOA1

07/07/2014 Biometrics Appointment

12/01/2014 case transferred for California service center

01/13/2015 Second Biometrics appointment

01/23/2015 case approved

01/31/2015 Card Received

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Filed: Other Country: China
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Hi, I am trying to get the small things out of the way before sending off our I-130. My husband is a USC and we were wondering what other families with children did regarding their children's citizenship. Should I declare my children's births before filing? Or is it redundant since they will be on the application anyway? Thanks again :)

If your children are entitled to US Citizenship, you can to Consular Report of Birth Abroad and passport applications for them anytime. If they are not entitled to US Citizenship, they'll need their own I-130 petitions. Either way, since you are the foreigner and they are YOUR children, they will be listed on the I-130 where it asks for the information about the foreign relative's spouse and children. You do not need to wait until the children have their passports to file the I-130. The I-130 is a petition for alien relative, not an application for anything.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: Country: Canada
Timeline

If your children are entitled to US Citizenship, you can to Consular Report of Birth Abroad and passport applications for them anytime. If they are not entitled to US Citizenship, they'll need their own I-130 petitions. Either way, since you are the foreigner and they are YOUR children, they will be listed on the I-130 where it asks for the information about the foreign relative's spouse and children. You do not need to wait until the children have their passports to file the I-130. The I-130 is a petition for alien relative, not an application for anything.

Oh! I didn't know that! I would need to file to file I-130's separately for all of us and pay the $420 each? My children are dependants and aged 5 and 2. I thought they would be included in my petition? The final result we are looking for is for our children to be USC, I was wondering if it would be less of a hassle to declare births abroad of it is just a wasted step as they would be included in the petition.

K-1

Jason- KY, USA

Chelaine- ON, Canada

30/03/05 Met online

24/08/05 Visited for the first time in Canada

19/02/06 Visited for the second time in Canada

1/05/06 Got engaged =)

2/05/06 Found out we were pregnant

18/08/06 GOT MARRIED!! (AB)

06/06/06 Chelaine visits KY

6/01/07 Our son was born :)

28/12/07 Jason comes to Canada

05/05/08 Jason becomes homesick

10/05/08 Chelaine finds herself at visajourney.com

28/07/2009 Jason gets his permanent residence

28/08/2009 Our daughter was born :)

love98.gif

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Oh! I didn't know that! I would need to file to file I-130's separately for all of us and pay the $420 each? My children are dependants and aged 5 and 2. I thought they would be included in my petition? The final result we are looking for is for our children to be USC, I was wondering if it would be less of a hassle to declare births abroad of it is just a wasted step as they would be included in the petition.

From your sig, it shows that your kids are the children of you and your USC husband, correct? If your husband has lived in the US for at least 5 years, and 2 years after he was 14 years old, then your children are USCs by virtue of being a USCs kids, citizenship "through blood" as it were. If this is all true, then your children need to clam their USC status and obtain US passports. They will not be eligible for visas AT ALL because they are USCs. The normal way to do this is through a "consular report of birth abroad" though there are other ways. So, what is the status if your husband's time in the US? Did he live there for 5 years?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Oh! I didn't know that! I would need to file to file I-130's separately for all of us and pay the $420 each? My children are dependants and aged 5 and 2. I thought they would be included in my petition? The final result we are looking for is for our children to be USC, I was wondering if it would be less of a hassle to declare births abroad of it is just a wasted step as they would be included in the petition.

If the children have claims to US citizenship they will need US passports. They won't be issued visas. They will still be listed as your children, but will not need to be petitioned by the USC.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Filed: Country: Vietnam (no flag)
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Your children are not included in your petition. Derivative beneficiaries are not allow when a US citizen petitions for a spouse. Listing the children on the petition for you is only for informational purposes.

If a child has a claim to US citizenship, you must file a CRBA at the US Embassy and get a US passport. A child with a claim to US citizenship cannot qualify for a visa.

If a child is not a US citizen, your husband must file separately for child.

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Filed: Country: Canada
Timeline

From your sig, it shows that your kids are the children of you and your USC husband, correct? If your husband has lived in the US for at least 5 years, and 2 years after he was 14 years old, then your children are USCs by virtue of being a USCs kids, citizenship "through blood" as it were. If this is all true, then your children need to clam their USC status and obtain US passports. They will not be eligible for visas AT ALL because they are USCs. The normal way to do this is through a "consular report of birth abroad" though there are other ways. So, what is the status if your husband's time in the US? Did he live there for 5 years?

My husband lived in the states for 24 years before he moved to Canada and has lived in Canada for almost 5 years. So I should declare the births abroad use their information on my petition as proof of relationship and I don't need to petition or obtain visa's for them because they will be USC. Ok, phew thank you :).

K-1

Jason- KY, USA

Chelaine- ON, Canada

30/03/05 Met online

24/08/05 Visited for the first time in Canada

19/02/06 Visited for the second time in Canada

1/05/06 Got engaged =)

2/05/06 Found out we were pregnant

18/08/06 GOT MARRIED!! (AB)

06/06/06 Chelaine visits KY

6/01/07 Our son was born :)

28/12/07 Jason comes to Canada

05/05/08 Jason becomes homesick

10/05/08 Chelaine finds herself at visajourney.com

28/07/2009 Jason gets his permanent residence

28/08/2009 Our daughter was born :)

love98.gif

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

My husband lived in the states for 24 years before he moved to Canada and has lived in Canada for almost 5 years. So I should declare the births abroad use their information on my petition as proof of relationship and I don't need to petition or obtain visa's for them because they will be USC. Ok, phew thank you :).

There is a process and fees involved separate from his petitioning for your visa. Check the US consulate website for CRBA instructions.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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My husband lived in the states for 24 years before he moved to Canada and has lived in Canada for almost 5 years. So I should declare the births abroad use their information on my petition as proof of relationship and I don't need to petition or obtain visa's for them because they will be USC. Ok, phew thank you :).

Yep, here is some info on reporting the birth of USCs abroad from Canada; http://canada.usembassy.gov/consular_services/birth-abroad.html

You will need to some some paperwork to claim their citizenship and get them passports, but it is a lot less work than a visa. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Other Country: China
Timeline

My husband lived in the states for 24 years before he moved to Canada and has lived in Canada for almost 5 years. So I should declare the births abroad use their information on my petition as proof of relationship and I don't need to petition or obtain visa's for them because they will be USC. Ok, phew thank you :).

It's a process and there are costs but yes, do the Consular Report of Birth Abroad and US Passport applications for the children. However, though the children are not included IN your petition, they ARE your children, so their NAMES will appear on page two of your husband's petition filed in your behalf. Remember, it is your husband's petition HE is filing, so you are the alien relative. He is his alien relative's husband, and your children are his alien relative's children. That's ALL your children, whether they are all HIS or not.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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  • 3 months later...
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I declared my daughter's birth before sending in the packet just to be safe. I'm expecting again so not sure how that will all work with the timing, but I don't think there are any specific rules for it. Best to be safe and just get it done and out of the way.

NOA1 - June 4th, 2012

NOA2 - January 11th, 2013

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