1-130 for child?

[sohail01 0]

Hi

I am a US citizen married to non us citizen and have not lived in USA for more then 2 years, i wish to apply for US Citizenship for my daugher who is one year old and born abroad, The information I have received is that I need to file I-130 and wait for its approval, Once its approved, I need to travel to USA to get green card?

Could someone please guide me step by step procedure and most Important how soon can i get the passport for the child after the 1-130 is approved and what will be its procedure

Thankyou for your help

Saira

[allyinchicago 8]

no I-130 for your daughter since you are a US citizen.

[Kate52 5]

Hi

I am a US citizen married to non us citizen and have not lived in USA for more then 2 years, i wish to apply for US Citizenship for my daugher who is one year old and born abroad, The information I have received is that I need to file I-130 and wait for its approval, Once its approved, I need to travel to USA to get green card?

Could someone please guide me step by step procedure and most Important how soon can i get the passport for the child after the 1-130 is approved and what will be its procedure

Thankyou for your help

Saira

My husband (US Citizen) living abroad applied for a "Consular Report of Birth Abroad" for our two children. You just need to take the required documents down to the US Consulate and then you can get the certificate. You can file for a Social Security number at the same time. Once you have the documents (they come pretty fast) you can apply for your child's passport. Just google "Consular Report of Birth Abroad" and you will be able get the instructions.

[Mark88 184]

no I-130 for your daughter since you are a US citizen.

The I-130 is necessary since the OP doesn't meet the 5 year residency requirement.

My husband (US Citizen) living abroad applied for a "Consular Report of Birth Abroad" for our two children. You just need to take the required documents down to the US Consulate and then you can get the certificate. You can file for a Social Security number at the same time. Once you have the documents (they come pretty fast) you can apply for your child's passport. Just google "Consular Report of Birth Abroad" and you will be able get the instructions.

It won't work, sine the OP even wrote "have not lived in USA for more then 2 years". She has to meet the 5 year residency requirement inable to transfer her USC to her daughter.

Hi

I am a US citizen married to non us citizen and have not lived in USA for more then 2 years, i wish to apply for US Citizenship for my daugher who is one year old and born abroad, The information I have received is that I need to file I-130 and wait for its approval, Once its approved, I need to travel to USA to get green card?

Could someone please guide me step by step procedure and most Important how soon can i get the passport for the child after the 1-130 is approved and what will be its procedure

Thankyou for your help

Saira

Basicly you are in the same situation as I was: I couldn't meet the residency reqiurements too, and had to go the greencard route with the child citizenship act. Our complete story that might be able to help you can be found here:

http://www.visajourney.com/forums/topic/431566-our-story-crba-for-our-child-denied-entering-the-us-with-a-baby-transportation-letter-and-citizenship-through-the-cca/

Information on how to file the I-130 can be found here: http://www.visajourney.com/content/i130faq

Were you already married when your daughter was born? This could make a big difference.

Edited September 21, 2013 by Mark88

[sohail01 0]

Thanks everyone for your replies....I have already inquired with US Consulate about Consular Report of Birth Abroad but they said i do not qualify and will have to file i-130, the problem is that they do not give much information here, just asks us to read it online or call usa for more information

[sohail01 0]

Thank you mark for your reply as it helped a lot reading your story, the best info was about passport which you said was given to your child in 2 days, that was my main concern that how long will the passport take after entering USA

As for your question yes i was already married and this is my 3rd kid born after marriage, my other two kids were born in USA so are citizen by birth, but since doctor refused me to travel this time, i had to give the birth abroad

Your case was slightly difference then mine, as you traveled on visa and got green card immediately, while i need to file 1-130 and wait for its approval and then the visa process

Does anyone have info how long is the procedure of 1-130 and visa??

[sohail01 0]

MARK : you have written Our child AUTOMATICALLY receives a green card upon entering the US. No fees, no wait, no application with USCIS while outside, Is it the same process for 1-130?

or the child needs to wait for green card to arrive later?

[Mark88 184]

MARK : you have written Our child AUTOMATICALLY receives a green card upon entering the US. No fees, no wait, no application with USCIS while outside, Is it the same process for 1-130?

or the child needs to wait for green card to arrive later?

When you are the mother of the child, and have a green card (NOT USC), and you give birth abroad, the child doesn't need an I-130 since it gets it's green card through the mother (keyword is "Baby Transporation Letter NA-3 Category"). In my case the mother is a green card holder and I (the father) am a USC. Your case is exactly the other way around and you won't qualify for this.

It is not the same process: My application took exactly two hours to process and I could wait at the consulate for this. I was in the US a couple days later. Unfortunatly since you are a USC mother you won't be able to do this process the same way I did.

Does anyone have info how long is the procedure of 1-130 and visa??

I had friends who got their I-551 green card approved in as little as 6 weeks (Consulate General Frankfurt) but I know a lot of people who needed over a year or longer to have their I-130 processed. If DCF is availble at your closest Embassy/Consulate it will usually be shorter than going through the NVC.

[Mark88 184]

Thanks everyone for your replies....I have already inquired with US Consulate about Consular Report of Birth Abroad but they said i do not qualify and will have to file i-130, the problem is that they do not give much information here, just asks us to read it online or call usa for more information

You wrote that, you didn't spend more time then two years in the US. Was this just the last two years, or the whole total time you lived all your life in the US?

[sohail01 0]

You wrote that, you didn't spend more time then two years in the US. Was this just the last two years, or the whole total time you lived all your life in the US?

Total was almost 3 years spent in USA and that was way back in 1996 to 1999

I had friends who got their I-551 green card approved in as little as 6 weeks (Consulate General Frankfurt) but I know a lot of people who needed over a year or longer to have their I-130 processed. If DCF is availble at your closest Embassy/Consulate it will usually be shorter than going through the NVC.

You mean the child green card will be given abroad or it will be given to the child after reaching USA?

[Mark88 184]

The green card is never given. You travel on a IR or NA-3 visa and after validation through legal entry in the US this becomes the temporary green card. The Physical card arrives weeks later in the mail.

[rudyzn 2]

Hi

I am a US citizen married to non us citizen and have not lived in USA for more then 2 years, i wish to apply for US Citizenship for my daugher who is one year old and born abroad, The information I have received is that I need to file I-130 and wait for its approval, Once its approved, I need to travel to USA to get green card?

Could someone please guide me step by step procedure and most Important how soon can i get the passport for the child after the 1-130 is approved and what will be its procedure

Thankyou for your help

Saira

Hello Sohail,

I am in the exact same situation as you .

I filed the I-130 for my baby, just a couple of days after her being born (late may, 2013).

You go through the entire immigration process. Then, once your child enters US as a Legal Permanent Resident, he is considered a US Citizen. It is quite bizarre, your child will never "use" his Green Card... oh well!!

I must warn you: The I-130 petition is SUPER LENGHTY. Altough there is one MAJOR advantage for us petitioners, is that YOU DO NOT REQUIRE AN AFFIDAVIT OF SUPPORT to be submitted. Also, YOU DO NOT HAVE TO MEET THE MINIMUM INCOME REQUIREMENTS.

So all in all, it is not so bad. BUT SUPER, SUPER LENGHTY.

Best of luck, keep us updated