Sponsoring questions… please help

[JayT80 0]

My citizenship oath ceremony will be held on the 20th of Feb., after that, can I file form i130 for my wife and kid immediately?

Do I have to file 2 Forms for my wife and 6yo daughter?

Can my daughter immediately turn into a citizen? She was 1yo when I got here in US as a permanent resident.

Whats the average time until they get here? Uscis says between 6-12months?

Thanks

[JayT80 0]

Somebody started this thread http://www.visajourney.com/forums/topic/536236-filing-i-130/and we're almost in the same situation, except im a us citizen in a few days. Do i have to file separate for my daughter??

Thank you

[aaron2020 11,651]

Somebody started this thread http://www.visajourney.com/forums/topic/536236-filing-i-130/and we're almost in the same situation, except im a us citizen in a few days. Do i have to file separate for my daughter??

Thank you

Yes, you will have to file separately for your daughter.

When a USC petitions for a spouse, derivative beneficies are not allowed. Accordingly, you have to file separately for your daughter.

[JayT80 0]

Thanks for the reply. I dont get it, how come USC have to file separately and Permanent Resident don't? Which one has faster processing times though?

[aaron2020 11,651]

Thanks for the reply. I dont get it, how come USC have to file separately and Permanent Resident don't? Which one has faster processing times though?

It's just the law. No idea why it's that way.

Faster for a USC to bring over a spouse and unmarried children under age 21 versus an LPR petitioner.

[JayT80 0]

It's just the law. No idea why it's that way.

Faster for a USC to bring over a spouse and unmarried children under age 21 versus an LPR petitioner.

Thanks agian, appreciate it!

[spousewaitingvisa 39]

It's just the law. No idea why it's that way.

Faster for a USC to bring over a spouse and unmarried children under age 21 versus an LPR petitioner.

The whole processing time (approx time) to get immigrant visas (CR-1/IR-1) for your spouse and your kid under 21 is about 1 1/3 year or less than that if you are a USC.

1) USCIS processing time

2) "Shipping case from USCIS to NVC" time

3) then NVC processing time (receiving documents, scanning documents and processing for 60 days unless checklist is received. If checklist is received by petitioner/beneficiary and corrected document(s) are mailed to NVC, there will be another 60 days. Don't forget about snowy weather that affects processing time).

4) then "shipping case from NVC to embassy" time. (depending on DHL)

5) then interview time (from 30 minutes to 2 hours including sitting on chair) and wait for visa to be issued.

The whole processing time (approx time) to get immigrant visas for your spouse and your kid is much longer than 1 year if you are a US permanent resident.

1) USCIS processing time

2) then Dept of State time - bulletin dates (to see if your priority date is current or not)

3) When your priority date is current, then follow step 3 to 5 above.

You are lucky! You will be a US citizen on Feb 20th. Congratulations on your citizenship and Good luck!

For USC, there is no waiting time (Dept of State). Yes, you have to file separately.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[JayT80 0]

The whole processing time (approx time) to get immigrant visas (CR-1/IR-1) for your spouse and your kid under 21 is about 1 1/3 year or less than that if you are a USC.

1) USCIS processing time

2) "Shipping case from USCIS to NVC" time

3) then NVC processing time (receiving documents, scanning documents and processing for 60 days unless checklist is received. If checklist is received by petitioner/beneficiary and corrected document(s) are mailed to NVC, there will be another 60 days. Don't forget about snowy weather that affects processing time).

4) then "shipping case from NVC to embassy" time. (depending on DHL)

5) then interview time (from 30 minutes to 2 hours including sitting on chair) and wait for visa to be issued.

The whole processing time (approx time) to get immigrant visas for your spouse and your kid is much longer than 1 year if you are a US permanent resident.

1) USCIS processing time

2) then Dept of State time - bulletin dates (to see if your priority date is current or not)

3) When your priority date is current, then follow step 3 to 5 above.

You are lucky! You will be a US citizen on Feb 20th. Congratulations on your citizenship and Good luck!

For USC, there is no waiting time (Dept of State). Yes, you have to file separately.

Thanks

For the form g325a, does my wife needs to sign the form itself? Or can she just print the form, signed and scan it so i can just print it and send to uscis with the form i130? Because it takes a long time when sending a letter from my country to US

Edited February 16, 2015 by JayT80

[spousewaitingvisa 39]

Thanks

For the form g325a, does my wife needs to sign the form itself? Or can she just print the form, signed and scan it so i can just print it and send to uscis with the form i130? Because it takes a long time when sending a letter from my country to US

My spouse signed the form itself and mailed to me via DHL. No scanned copy. Any form must contains an original signature. If your wife is out of the country, you better collect everything like copy of police clearance certificate, copy of birth certificate of your wife, etc.

http://www.uscis.gov/forms/signature-requirements-uscis-forms

http://www.visajourney.com/forums/topic/401774-g-325a-can-i-get-signature-of-the-foreign-beneficiary-scanned-and-email-it-to-me/

http://www.murthy.com/2013/07/16/blue-ink-now-accepted-by-national-visa-center/

Edited February 17, 2015 by spousewaitingvisa

[JayT80 0]

My spouse signed the form itself and mailed to me via DHL. No scanned copy. Any form must contains an original signature. If your wife is out of the country, you better collect everything like copy of police clearance certificate, copy of birth certificate of your wife, etc.

http://www.uscis.gov/forms/signature-requirements-uscis-forms

http://www.visajourney.com/forums/topic/401774-g-325a-can-i-get-signature-of-the-foreign-beneficiary-scanned-and-email-it-to-me/

http://www.murthy.com/2013/07/16/blue-ink-now-accepted-by-national-visa-center/

Cool. Thank you. But do we really need the birth certificate and poilice clearance? Coz i didnt see it as a requirement on uscis site

[spousewaitingvisa 39]

Cool. Thank you. But do we really need the birth certificate and poilice clearance? Coz i didnt see it as a requirement on uscis site

You will need the birth cerificate, police certificate, etc. later for NVC after I-130 is approved.

You can read this so you can prepare to collect things from your spouse. forms must be original with original signature, but photocopies of birth ceritificate, marriage certificate, birth certificate, tax transcripts/returns, etc can be accepted. Please read at this link:

http://www.visajourney.com/wiki/index.php/NVC_Process

Original IV documents will be required to be shown at the interview.

Edited February 17, 2015 by spousewaitingvisa

[JayT80 0]

I have another question.

What's gonna be the status of my child when she gets here? I know my wife have to wait 3years in order for her to apply for citizenship, how about my daughter? Is she gonna be automatically a citizen? Or the same like her mom??

[spousewaitingvisa 39]

What's gonna be the status of my child when she gets here? I know my wife have to wait 3years in order for her to apply for citizenship, how about my daughter? Is she gonna be automatically a citizen? Or the same like her mom?

Thanks

Your daughter and her mom will be green card holders when they enter US on immigrant visa. Based on marriage, her mom will have to wait for 3 years to apply for citizenship.

About your daughter.. there are two options:

First option: If your daughter is less than 18 years old after her mom becomes a US citizen via naturalization oath ceremony, your daughter is automatically a citizen, then apply for N-600 (Certificate of Citizenship) or just apply for a passport for her. There is no point to waiting for a Certificate of Citizenship before applying for a passport. A passport is faster and cheaper to get. You can get a Certificate of Citizenship (N-600) later to be safe for the long term if you want. Certificate of Citizenship is a proof if her passport is lost or she hasn't applied for a passport.

Second option: Is she your biological daughter? If so, there is Child Citizenship Act of 2000 – Sections 320 and 322 of the Immigration and Nationality Act to see if your daughter met all conditions under that act. I think she should be automatically US citizen if she resides in US and LPR and has one parent who is a US citizen thru naturalization. See links below.

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

If she is not your biological daughter, you can forget about second option. Use first option..

[aaron2020 11,651]

I have another question.

What's gonna be the status of my child when she gets here? I know my wife have to wait 3years in order for her to apply for citizenship, how about my daughter? Is she gonna be automatically a citizen? Or the same like her mom??

Once your minor child enters the US on an immigrant visa to live with you, the child automatically becomes a US citizen. You can apply for a Certificate of Citizenship and/or a US pasport.

4 requirements for your child to automatically be a US citizen under the Child Citizenship Act.

1. Child is under 18; and

2. Child is an LPR; and

3. Child has. USC parent; and

4. Child lives with that USC parent.