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

[MiaPA 12]

@MiaPA

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

Thanks

I understand that part, but if you were married when the children were born and they were under 18 when he became a US citizen, I was under the impression they would already be US citizens. I apologize if I was/am wrong, immigration confuses the heck out of me and I learn new things everyday about it.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Steven and Alice 30]

There are requirements for CRBA...

For example, the USC parent has to be physically in US for at least 5 years before the child was born and 2 of the 5 has to be after age 14.

[julian2009 1]

No my husband was not physically present in the USA for the pass 5 years. So they are not qualify for CRBA. Also they were born before he became a USC.

Thanks

[jan22 3,056]

I understand that part, but if you were married when the children were born and they were under 18 when he became a US citizen, I was under the impression they would already be US citizens. I apologize if I was/am wrong, immigration confuses the heck out of me and I learn new things everyday about it.

Sorry, you're wrong. You are applying the requirements for obtaining citizenship via the Child Citizenship Act (CCA) with being a natural born citizen (for those who qualify for a Consular Report of Birth Abroad) -- natural born citizens are children at borth; other children can obtain US citizenship via the CCA. When a child meets all of the following criteria, they automatically become a US citizen:

1. Child (biological or adopted children who meet the requirements for an IR3 visa) of a US citizen parent;

2. Under the age of 18;

3. In the legal and physical custody of the US citizen parent, and

4. Admitted into the US as a legal permanent resident (i.e., enter with an immigrant visa).

So, once they have the immigrant visas and enter the US, they will be US citizens. From that point on, they will need to us US passports to enter and leave the US.

(Doesn't matter whether they were married or not when the children were born, BTW.)

[MiaPA 12]

Sorry, you're wrong. You are applying the requirements for obtaining citizenship via the Child Citizenship Act (CCA) with being a natural born citizen (for those who qualify for a Consular Report of Birth Abroad) -- natural born citizens are children at borth; other children can obtain US citizenship via the CCA. When a child meets all of the following criteria, they automatically become a US citizen:

1. Child (biological or adopted children who meet the requirements for an IR3 visa) of a US citizen parent;

2. Under the age of 18;

3. In the legal and physical custody of the US citizen parent, and

4. Admitted into the US as a legal permanent resident (i.e., enter with an immigrant visa).

So, once they have the immigrant visas and enter the US, they will be US citizens. From that point on, they will need to us US passports to enter and leave the US.

(Doesn't matter whether they were married or not when the children were born, BTW.)

As I said, I apologize for being wrong. I was stating why I was under the impression otherwise, I realise where I was wrong.

[julian2009 1]

Good morning VJ members. I got good news my children I-130 was approved yesterday yay . Now we are not sure which affidavit of support form we need to submit for then. Pleases give us some advise. Thank you.

[Ryan H 3,812]

Good morning VJ members. I got good news my children I-130 was approved yesterday yay . Now we are not sure which affidavit of support form we need to submit for then. Pleases give us some advise. Thank you.

I-864