Does my US citizen husban need to file a separate I-130 for our minor children

[julian2009 1]

Hello Vj members I would like to ask question. Does my USC husband have to file a separate I-130 petition for our minor children?. We are immidiate relatives, so it will be for I-R1 visa. Please help we are kina confuse.

Thank you

[ssk2331 13]

Yes. Separate I-130s for each eligible relative, such includes unmarried children.

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

[apple21 953]

Hello Vj members I would like to ask question. Does my USC husband have to file a separate I-130 petition for our minor children?. We are immidiate relatives, so it will be for I-R1 visa. Please help we are kina confuse.

Thank you

Are the children biologically his? If yes, check if they qualify for CRBA.

http://canada.usembassy.gov/consular_services/birth-abroad.html

[julian2009 1]

@

ssk2331 thank you.

[julian2009 1]

@ apple yes they are his biological children, but they are not qualify for CRBA.

We already filed an I-130 for me thinking that they will get there visa with me. My petition is at the NVC stage. Now I dont know what to do. We also filed for K-3/K-4 visa. And its also at NVC.

Thanks

[apple21 953]

Hurry and file i130 for each child.... tell husband to mail it overnight express.

[Darnell 8,478]

Does my US citizen husban need to file a separate I-130 for our minor children

Yes.

Since _YOUR_Casefile is at NVC, I-130 approved,

when your husband files the new I-130s on the children,

ask for (via written letter with the submittal) an expedite, claiming Mom's I-130 is already approved - show a copy of the NOA-2 with each new I-130 submittal.

[julian2009 1]

OK I will.

But will that slow down the process for my visa?

Thank you

[apple21 953]

OK I will.

But will that slow down the process for my visa?

Thank you

No. Yours will go on as normal.

[julian2009 1]

@Darnell

Thank you we will do that.

[MiaPA 12]

If you and your husband were married at the time the children were born and your husband was a USC, they should already be automatically US citizens. Unless things changed since we had our son in 2003.

[julian2009 1]

@MiaPA

Our children were already born when my husband became a USC.

Thanks

[NikLR 13,227]

If you and your husband were married at the time the children were born and your husband was a USC, they should already be automatically US citizens. Unless things changed since we had our son in 2003.

Because they children do not qualify under the CRBA then an I-130 is needed. Once the children reach the USA they will become USCs upon POE. Then they just need a US passport at that time. An I-864w needs to be filed for them.

---

OP:

The children will need to go through the petition and visa process as normal though and that means a medical and interview. If you wish to arrive ahead of your children then by all means keep going with your visa process. If you want everyone to have medicals and interviews on the same date, you need to stop any NVC process for yourself and wait foe the children's I-130s to catch up to yours.

There is no telling how long their petitions will take. Most of the time including a letter and a copy of the parent's NOA2 speeds up the process but the USCIS will do things at their pace.

[julian2009 1]

@NLR

Thanks very much for your reply. We didnt even know that once our children reach USA they will become USCs upon P.O.E. What do you mean by (Then they just need a US passport at that time)?

We will send their I-130 tomorrow, I would like to know if we have to send in the G-325 biographic information for them and passport pictures.

Thanks

[NikLR 13,227]

Read the I-130 instructions on what is needed for children.

After the children arrive in the USA they will become USCs. At that point they will not need a green card and they can get a US passport, as all USC need a passport to enter and leave the USA.

http://www.uscis.gov/us-citizenship/citizenship-through-parents

Edited June 18, 2015 by NLR