Supplement A to form I-485, Do I need to pay?

[animalenergy 0]

Hello. My name is John. I'm in the process of applying for a change of status for my wife. She brought our child from Taiwan with her, and I'm completing the paperwork for getting my daughter citizenship in America, as well as applying for a change of status for my wife. They both entered the country on a visa waver program. I'm wondering if I need to pay the $1000 US fee? She was inspected and lawfully entered the country, but did not have a K-1 or spousal visa, only a tourist visa. She is living with me now, and we are married. Any light shed on this matter would be greatly appreciated!

[Boiler 46,156]

What thousand dollar fee?

US citizens are not eligibility \ do not need the VWP.

[AmAjjD 33]

Correct me if I'm wrong, but if she is only here on a tourist visa doesn't she have to return to Taiwan before it expires and you file a different visa for her?

[Lainie B 465]

To adjust status for your wife will cost $420 for the I-130 plus $1070 for the I-485. You will file these concurrently. There are other costs such as a medical exam. See the guide: http://www.visajourney.com/content/i130guide2

If your daughter is a US citizen she should have entered on a US passport, not the VWP.

[Ian H. 207]

Hi,

In order to give the best advice I should know if you are a USC, therefore I must ask were you a USC at the time of your child's birth? If so the child was supposed to enter on a US passport and not under VWP.

That said, the child must apply for a US passport if she is eligible for one. If you weren't a USC when the child was born, but are one now, the child will become one upon her successful adjustment of status.

As for your spouse, (and your daughter if she isn't eligible for citizenship) you will have to submit forms I-130 for each of them and a form I-485 for each of them, plus whatever other forms are needed along with those. They don't file supplement A since they are your immediate relatives.

I should also mention that even though they can adjust status from VWP, if the application is denied, I believe there is no appeal. Which means they may have to apply for an immigrant visa abroad.

If you could provide more info about your situation we can give you more specific help. Here is info about how to adjust status to an LPR:

http://www.visajourney.com/content/i130guide2

[Hypnos 6,578]

Only 245i adjustees need to pay that $1,000 fine.

If your daughter is a US citizen but entered on a foreign passport then that could be a problem, since you have broken federal law.

[Ian H. 207]

Curious...what is the penalty if someone with a claim to USC entered the country without a US passport, knowingly or not?

[animalenergy 0]

Thank you all so much for this. I am a US citizen. I lived in Taiwan for 8 years. I was divorced from my first wife in Taiwan, and right after the divorce, I reported to a prison in taiwan for a marijuana conviction. I spent 2 and 1/2 years in prison.... Because of my incarceration, I wasn't able to file the paperwork in america, until my recent return, and thus wasn't able to get any evidence from America that I'd been divorced, so I couldn't marry my baby's mother while I was in prison. I claimed paternity in taiwan for my daughter with the taiwan government before my incarceration, but I did not register her with the US consulate in Taiwan, or begin the naturalization process for her until now. So, as of this moment, she is still a Taiwanese citizen and the US government has no knowledge of her existence. But from what I understand, she is automatically a US citizen because I am a US citizen, and her father. I've got ample documentation proving my paternity to my daughter, including a legal DNA test. I've got sponsor support from both my mother and father(they are also divorced), so I should be alright for the affidavit of support for my wife. It is a very complicated situation, but I'm hopeful that everything will work out alright. My wife and I got married after she and my daughter came to America, and that is why I feel that I might need to pay the $1000 penalty fee. My wife was admitted lawfully and inspected, but didn't have the correct visa for marriage. Any experience or advice is appreciated with huge hugs and kisses!!

[Boiler 46,156]

I do not know if you could have passed on Citizenship sounds probably. Assuming that was the case then the child was and has been a US Citizen.

Naturalise is something somebody who is not a US citizen and is eligible to apply to become one does.

Strong suggests you read the Guides and get the basics down.

I doubt there will be issues arising out of not entering as a US Citizen assuming your Daughter is one, it is possible. The only cases I have read about resulted in a stern lecture.

[animalenergy 0]

Thank you boiler! Thank you Ian! Very much!

[Ian H. 207]

In order to get citizenship for your child you have to prove a few things, which it looks like you have part of it already by having the dna test and acknowledging your paternity. Plus since you married her mother before she turned 18, she is considered legitimated.

Therefore, what you have to gather is proof of your physical presence in the US. You have to prove 5 years before the birth of the child, nothing after. 2 of those years have to be after you were 14. This can be proven with work records, tax returns, leases, receipts, census records, etc.

Anything that proves that you were physically present in the US for 5 years before your child was born. Partial days in the country count as well.

Here is info about your child citizenship. She doesn't have to adjust status or do any of that since she has a claim to US citizenship.

Here is also how to apply for the child's passport. This is where you submit all of the evidence, when you apply for her passport.

http://travel.state.gov/content/passports/english/passports/new.html#step3

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a)

A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person and the father is established by clear and convincing evidence;
2. The father had the nationality of the United States at the time of the person’s birth;
3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
5. While the person is under the age of 18 years --

• the person is legitimated under the law of his/her residence or domicile,
• the father acknowledges paternity of the person in writing under oath, or
• the paternity of the person is established by adjudication of a competent court.

Edited November 2, 2014 by Ian H.

[animalenergy 0]

Hi Ian. So it sounds like filing the N-600 application for citizenship is the right thing to do for my daughter. I'll just add a copy of my social security work record to prove my previous residency in the US. I'm wondering: if my daughter is granted citizenship, will that possibly affect the chances of my wife, the daughter's mother, getting her status changed? My wife would then be connected to two direct family members.

[Ian H. 207]

Save yourself the time and the money and apply directly for the passport. The certificate of citizenship is an optional process. I wish I would have known that back when I was 14 and would have saved $400 to get one, I remember I did the N600 myself.

As a USC, your daughter can apply for a US passport, and basically the same evidence that you would use for the N600 would be used for the passport. The passport would only cost $105. Follow the link above to know the steps needed for the passport process.

Also, I should add that your social security work record is not sufficient proof by itself. You have to submit multiple evidence that prove your physical presence in the US. The above examples are only some of the things you can submit. You have to submit sufficient evidence so that your application won't be denied or get asked for more proof.

Remember, it only has to be 5 years worth of evidence, with 2 years after you turned 14 years old. The evidence does not have to be continuous, it can be from different parts of your life before your daughter was born. For example you can submit evidence from when you were 1, then 6, then 16, then 21, or whatever. The important thing is that when you add it all up, it equals at least 5 years.

Things like school records, doctor's records, parent's tax returns if you were claimed as a dependent, w2's, pay stubs, IRS tax transcripts. You can use visa stamps and CBP records to prove your entries to the US. Any court dates, arrests, traffic/parking tickets, appointments, jury duty.

Also remember to include sufficient proof that her paternity has been established. So proof that you married her mother, and the dna test should be enough, plus proof of any financial support if you have.

Your daughter being a USC or otherwise has no negative effect on your wife's ability to do AOS. Her existence however, does count as one form of evidence to prove the bona fides of your marriage. Remember that you need to submit other evidence about your marital relationship.

Edited November 2, 2014 by Ian H.