Husband USC via Adult Derivative Citizenship, Next step for family?

[anabanana18 0]

Hi, everyone! I was wondering if anyone can help me. My husband has just been granted US Citizenship via Adult Derivative Citizenship. We have been living in the Philippines all our lives. He has never been to the US until now.

My questions are:

1. Can our kids aged, 3 and 5 apply for CRBA, even if he has not resided in the US?

2. Do I qualify for DCF?

Thank you for the opportunity to inquire in this forum.

[NikLR 13,227]

~~Removed duplicate topic in introducing new members~~

[aaron2020 11,651]

Hi, everyone! I was wondering if anyone can help me. My husband has just been granted US Citizenship via Adult Derivative Citizenship. We have been living in the Philippines all our lives. He has never been to the US until now.

My questions are:

1. Can our kids aged, 3 and 5 apply for CRBA, even if he has not resided in the US? No. He must have resided in the US for 5 years before the birth of a child to pass US citizen on.

2. Do I qualify for DCF? Yes.

Thank you for the opportunity to inquire in this forum.

Hi,

1. Your husband must file separate I-130s for you and the children.

2. Your children will automatically become US citizens when they immigrate to the US on immigrant visas.

3. Your husband will need to show a US domicile or have evidence of the intent to establish one at your interview to meet one of the I-864 requirements.

4. Your husband must have filed US tax returns for the last 3 years or have a legal excuse why he was not required to file. He must report his PI income if it was more than $4000 per year. He is unlikely to owe any taxes. Reporting is not the same as owing.

5. You will probably need a Joint Sponsor if your husband can not meet the financial requirements of the I-864 Affidavit of Support. The JS must be a US citizen or US green card holder over the age of 18. The JS only has to cover you and his/her household. The children are exempt since they will be US citizens upon entering the US with immigrant visas.

Best of luck.

[anabanana18 0]

Thank you, Aaron2020. That has been helpful. Now I know what steps to take for myself.

As for the kids, however, I read somewhere (I couldnt seem to find the link again, so please correct me if Im wrong), that even if the father has no residence before birth, he can still file for CRBA, provided that the residency requirement to be used will be that of the USC grandparents?

Do you think this is possible? Is the US Embassy very strict with this residency requirement?

[aaron2020 11,651]

Thank you, Aaron2020. That has been helpful. Now I know what steps to take for myself.

As for the kids, however, I read somewhere (I couldnt seem to find the link again, so please correct me if Im wrong), that even if the father has no residence before birth, he can still file for CRBA, provided that the residency requirement to be used will be that of the USC grandparents?

Do you think this is possible? Is the US Embassy very strict with this residency requirement?

Just get them immigrant visas. It will be easier.

[Darnell 8,478]

there's a 5 year rule thingie for CRBA - check it out sometime, next, nowish..

[newacct 688]

As for the kids, however, I read somewhere (I couldnt seem to find the link again, so please correct me if Im wrong), that even if the father has no residence before birth, he can still file for CRBA, provided that the residency requirement to be used will be that of the USC grandparents?

No. You are thinking about the INA 322 naturalization process for children residing abroad using form N-600K. That is not citizenship at birth, and has nothing to do with CRBA (CRBA is only for people who were citizens at birth). Since you guys intend to immigrate to the US, the INA 322 process is not appropriate. They should get immigrant visas.

[tabletalk 1]

When you say "adult derivative citizenship" how did your husband obtain this? Through a parent who was/is a USC? If that USC parent (child's grandparent) has lived in the USA for 5 years two of which come over the age of 14 your child may qualify for the N-600K.

The purpose of the N-600K as stated on USCIS website is:

The Purpose of Form N-600K

This form is an application for U.S. citizenship (acquisition) and issuance of a Certificate of Citizenship under section 322 of the Immigration and Nationality Act (INA) for a child who regularly resides outside of the United States.

This form process is not to be used as a direct means to immigrate to the USA however it is a useful way of getting your children documented as citizens if they qualify.

https://www.uscis.gov/n-600k

[anabanana18 0]

Thank you, everyone. I guess the practical step would be to apply them as immigrants, too. Is DCF also available for them?

[aaron2020 11,651]

Thank you, everyone. I guess the practical step would be to apply them as immigrants, too. Is DCF also available for them?

. Yes. DCF depends on the petitioner, your husband, being a resident of the PI. Since you and his children are Immediate Relatives with no visa limitations, he can do DCF for you and the children.

[anabanana18 0]

. Yes. DCF depends on the petitioner, your husband, being a resident of the PI. Since you and his children are Immediate Relatives with no visa limitations, he can do DCF for you and the children.

Thank you, aaron2020. We will wait for his US Passport then and go straight to the USCIS for DCF for spouse and 2 minor kids. I heard K3 and K4 visas are also available to us if we want to leave at the same time with the husband. The thing is my husband plans to leave in May of this year. I heard spousal visa usually takes time so I'm glad to have read on K3 and K4. Would you advise the same? I really do not want to get an immigration lawyer as it is very costly and really we have no issue.

[aaron2020 11,651]

In order to file for the K3 and K4s, he would need to file I-130s for you and the kids. Once the I-130s are approved, the K3 and K4s would be administratively closed.

Stop looking for other things. We have already told you the best way to do things. File the I-130s for immigrant visas. Anything else is a waste of time.

[anabanana18 0]

Thanks, Aaron2020. will do that

[anabanana18 0]

Hi,

1. Your husband must file separate I-130s for you and the children.

2. Your children will automatically become US citizens when they immigrate to the US on immigrant visas.

3. Your husband will need to show a US domicile or have evidence of the intent to establish one at your interview to meet one of the I-864 requirements.

4. Your husband must have filed US tax returns for the last 3 years or have a legal excuse why he was not required to file. He must report his PI income if it was more than $4000 per year. He is unlikely to owe any taxes. Reporting is not the same as owing.

5. You will probably need a Joint Sponsor if your husband can not meet the financial requirements of the I-864 Affidavit of Support. The JS must be a US citizen or US green card holder over the age of 18. The JS only has to cover you and his/her household. The children are exempt since they will be US citizens upon entering the US with immigrant visas.

Best of luck.

Aaron2020, you mentioned the Joint Sponsor form. I realize they might ask for that once we file I-130 since my husband has never been to the US. Though he has a business here, it is not more than $4,000. Do I need to get a Joint Sponsor as early as now, so we can file it together with the I-130? Or do we wait for their further instructions after filing I-130?

Thanks in advance

[kzielu 1,149]

Aaron2020, you mentioned the Joint Sponsor form. I realize they might ask for that once we file I-130 since my husband has never been to the US. Though he has a business here, it is not more than $4,000. Do I need to get a Joint Sponsor as early as now, so we can file it together with the I-130? Or do we wait for their further instructions after filing I-130?

Thanks in advance

Not only you need joint sponsor, you need your husband to show an intent to establish domicile in US. If you file DCF, you will need it sooner than later... And again - regardless of that, your husband needs to show evidence of tax returns filed with IRS.