A citizen married to a wife Overseas but has a valid visa

[2big 0]

Hello Everyone,

Please i would need an advice on this issue. A friend of mine recently got naturalized and became a US citizen, the wife is in overseas with a valid U.S Visa to visit America again and her name was included on the papers used by him to file for citizenship(Yes, they are married). He just got his certificate today and wondering the best way to bring her wife and the kids involved to America.

1. Can the wife come back/visit America again since she has valid visa and he will change her status for her as married? or does he has to file for her while she is at her country and wait for her to be approved before coming to USA. Here, her visa might expire and she has to wait until her case is approved.

2. The two kids are also included on the Citizenship - Can the wife come here first and later they can file for the kids ?

I have advised him to ask the wife to come back to America while they stay here to finish other processes and file for the kids later? I needed to confirm this and this is why i am writing.

Any help/answer will be appreciated.

Thank you all.

2big

[L+T 71]

She or the kids should not apply citizenship yet as they are not even resident. You cannot come on a visitor vist with intent to immigrate, especially stranding the kids in the meantime. They should file CR-1 and include the kids. Once approved, the kids have up to 1 year to follow if they are under 21 years old. They will enter as full residents and can then work toward citizenship. In the meantime, while waiting paperwork, they could visit if there is already visa for this... but is best to return and do interview in home country and enter on the CR-1 visa.

[Moomin 292]

She or the kids should not apply citizenship yet as they are not even resident. You cannot come on a visitor vist with intent to immigrate, especially stranding the kids in the meantime. They should file CR-1 and include the kids. Once approved, the kids have up to 1 year to follow if they are under 21 years old. They will enter as full residents and can then work toward citizenship. In the meantime, while waiting paperwork, they could visit if there is already visa for this... but is best to return and do interview in home country and enter on the CR-1 visa.

What L+T said.

There aren't any shortcuts. The former permanent resident, now US citizen, has the advantage and priviledge of petitioning his wife though.

She can still visit on a tourist visa. A tourist visa is meant for visiting, not staycations/immigrating and since the question has already been asked and the idea has been there, it's considered entering on a tourist visa with the intent to immigrate. Which is a no-go. As I mentioned, the foreign wife may visit however having a US citizen as a spouse sometimes makes it harder to prove less ties to US rather than home country.

[2big 0]

She or the kids should not apply citizenship yet as they are not even resident. You cannot come on a visitor vist with intent to immigrate, especially stranding the kids in the meantime. They should file CR-1 and include the kids. Once approved, the kids have up to 1 year to follow if they are under 21 years old. They will enter as full residents and can then work toward citizenship. In the meantime, while waiting paperwork, they could visit if there is already visa for this... but is best to return and do interview in home country and enter on the CR-1 visa.

Thank you (L+T) and i do appreciate.

[2big 0]

What L+T said.

There aren't any shortcuts. The former permanent resident, now US citizen, has the advantage and priviledge of petitioning his wife though.

She can still visit on a tourist visa. A tourist visa is meant for visiting, not staycations/immigrating and since the question has already been asked and the idea has been there, it's considered entering on a tourist visa with the intent to immigrate. Which is a no-go. As I mentioned, the foreign wife may visit however having a US citizen as a spouse sometimes makes it harder to prove less ties to US rather than home country.

Thank you. I will let them know. Do you know how long it takes since her name was already included during the husband's citizenship time? I was hoping she can come and change status here?

[Anh map 2,098]

*Moved from K1 Filings forum to Bringing Family of US Citizens forum*

[beejay 123]

They should file CR-1 and include the kids. Once approved,<snip> They will enter as full residents and can then work toward citizenship.

He should file I-130s for each relative. Once the children are admitted to the US as legal permanent residents they will be considered US citizens if they are under 18 and in the custody of a US citizen parent - no matter how long (or short) that parent has been a citizen.

But they will not automatically receive proof of their citizenship and must either apply for a passport (using birth certificate and parent's naturalization cert) or file for a certificate of naturalization (N-600) as proof or both.

Child Citizenship Act Fact Sheet

Also, since the naturalized father would be petitioning for his children he would be eligible to file the waiver for the affidavit of support (I-864w) and would be exempt from demonstrating sufficient income in order to immigrate them. However he would not be exempt from the I-864 for his wife and as stated previously she would not be eligible for citizenship upon entry.

USCIS Form I-864waiver

[TheresaAnn 9]

He should file I-130s for each relative. Once the children are admitted to the US as legal permanent residents they will be considered US citizens if they are under 18 and in the custody of a US citizen parent - no matter how long (or short) that parent has been a citizen.

But they will not automatically receive proof of their citizenship and must either apply for a passport (using birth certificate and parent's naturalization cert) or file for a certificate of naturalization (N-600) as proof or both.

Child Citizenship Act Fact Sheet

Also, since the naturalized father would be petitioning for his children he would be eligible to file the waiver for the affidavit of support (I-864w) and would be exempt from demonstrating sufficient income in order to immigrate them. However he would not be exempt from the I-864 for his wife and as stated previously she would not be eligible for citizenship upon entry.

USCIS Form I-864waiver

Thank you for this correction, I was just about to say the same thing.