which visa?

[Henia 11]

Hello everyone, I have a question regarding visas. So basically the story:Married to my foreign husband almost 10yrs, living in his native country. Have 4 children together. We applied for "birth aboard" for the kids, but didn't get it due to not having enough presence in the US from what I understood. So we want to move to the US filing I-130 for my husband. But what about my kids? What visa can I file for them? Where can I find the info on filing for my kids and husband together. Thank you very much!

[Henia 11]

Sorry it won't allow me to edit. I just read this

NOTE: If you are a US CItizen filing for a K1 or K3 Visa for your non-US fiance/spouse, and they have children, then they may bring them here under a K2/K3 Visa. The children automatically qualify fro the K2/K3 visa as derivitive status of their mom's K1/K3 status (you need only petition for your fiance/wife and list the children on that petition in the relavent blanks).

Does this apply for CR1 visas or only K3? Can I add my kids on my husband's petition? As I've read K3 is absolete visa. Also where can I read about fees for the children. Thank you everyone again!

[NigeriaorBust 4,087]

You have to file I130 for all of them . Once the children arrive they may become citizens on arrival. Do you have a co sponsor

[Harpa Timsah 13,258]

The kids' visas will be called IR-2. It starts with a I-130 petition, just like the spouse.

Edited February 16, 2014 by Harpa Timsah

[Henia 11]

ok, thank you to be clear filing one i 130 for each person means sending in the fee for each person too? How will they citizens upon arrival? No 5year wait to file N400 for my kids? I do have a co-sponsor but looking at the income requirements where it says size of family ... does this apply to the size of my family , the number of people I'm petitiong for? Or the size of my consponsor's family? Sorry if that sounds if my question sounds stupid I want to be clear before doing anythng. Already wasted the money for the birth aboard. Thank you again everyone.

[NigeriaorBust 4,087]

do you meet this

he child was under 18 or not yet born on February 27, 2001 At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence. The child was under 18 from December 24, 1952 to February 26, 2001

The child was residing as a Green Card holder in the U.S. and both parents naturalized before the child’s 18^th birthday; OR

• If one parent died, that the surviving parent naturalized before the child turned 18.
• If the parents legally separated, that the parent maintaining legal and physical custody naturalized before the child turned 18.
• If the child was born out of wedlock and paternity has not been established by legitimation, the mother naturalized before the child turned 18.

NOTE: The order in which the child meets the conditions does not matter so long as the child meets all the conditions before his or her 18^th birthday.

[Henia 11]

My children are all under 18 (ages 2,4,5) They were all born in wedlock. One parent (me) is the USC. We're not living in the US (yet) in the process of putting together the I-130 for my nonUSC husband. Thank you Nigeria for that info.

[NigeriaorBust 4,087]

So you file I130 to get them to the US as LPR's in your custody and then they can file for a passport. You can file I864-w for them as they don't need affidavit because they are citizens right after entry ( hubby still need one )

[aaron2020 11,651]

Hi Henia - you've posted in several threads. Here is the straight dope.

You need to file individually for each member of your family. That will be five separate I-130 and five separate fees.

Under the Child Citizenship Act, a child has to meet 4 requirements to derive US citizenship. This Act applies to your children. The four requirements are 1) have a US citizen parent, 2) live with that US citizen parent, 3) is under age 18, and 4) has been admitted as an LPR.

As soon as your children lands in the US and get their green cards, they automatically become US citizens. You can apply for US passports for them as proof of US citizenship at the very least. You can also get the more expensive N-600 for them as proof of US citizenship.

For the I-864.

You will file the I-864w for your children. The "w" stands for waiver since they will be US citizens when they immigrate to the US. No Joint Sponsor needed for the children since they can waive the I-864 requirements.

For your husband, you will file an I-864. Your Joint Sponsor will file his/her own I-864. The JS will include his household and the intending immigrant (your husband). Your children are counted on your I-864, but will not count on the I-864 for your JS.

Best of luck.