What documents are required to file I-130 for a child under 21?

[mspas 0]

Hi everyone. My husband is US born citizen, and he wants to file I-130 for his 18 old daughter that lives in the Dominican Republic. He was married to her mom, in Dominican Republic, when she was born, and now he is married to me for over 4 years. What documents and certificates does need? Does he need to provide his tax returns or mines as well? How much does he has to make per year?

Thank you for your help.

[teddy k 35]

Hi just to get started with the I-130 just needs her birth certificate and i believe her school records. Have you been supporting her also i would send that too it shows your responsible. Plus how do you communicate with her send a sample of that i shows a father&daughter relationship. And after the I-130 gets appoved they will request your financial information a family of 3 =$24,000usd working pay stubs. Good luck on your journey

[mspas 0]

Thank you very much

[newacct 688]

You said your husband is a "US born citizen", meaning he was a citizen when the daughter was born. Then the daughter is almost certainly a US citizen from birth, unless your husband didn't grow up in the US. If the daughter is a US citizen, he would not file I-130 for her.

[phd1974 17]

I believe the statutory requirements to file a CBRA would not apply since he did not notify anyone of this immediately when the child was born and the child is 18, which is at the limit (over the limit) of the age they usually would grant CBRA approval.

He would need to file the I-130 because of this and then the child would be getting an IR-2 visa, by which when the child steps foot onto US soil (assuming the child would be living with the US born parent), then the child would be a US citizen and all they would need to do is file to get her a passport (and/or certificate of citizenship)

You do not need school records to file an I-130.

[newacct 688]

I believe the statutory requirements to file a CBRA would not apply since he did not notify anyone of this immediately when the child was born and the child is 18, which is at the limit (over the limit) of the age they usually would grant CBRA approval.

He would need to file the I-130 because of this and then the child would be getting an IR-2 visa, by which when the child steps foot onto US soil (assuming the child would be living with the US born parent), then the child would be a US citizen and all they would need to do is file to get her a passport (and/or certificate of citizenship)

You do not need school records to file an I-130.

It doesn't matter if they can get CRBA. Getting CRBA or not does not affect the person's citizenship. If the child is a US citizen, they can get a US passport at any time, at any age.

[phd1974 17]

it does not, but it does affect how much $$$ you would be dishing out.

[newacct 688]

it does not, but it does affect how much $$$ you would be dishing out.

I don't see why $$$ would be affected.

[phd1974 17]

The money used if he was trying to use the I-130 route, which I recently read was not necessary.

[newacct 688]

The money used if he was trying to use the I-130 route, which I recently read was not necessary.

What I was saying is that if the child is a US citizen (which we haven't received information to determine whether it is the case or not, but if), then they would not (and can't) go the I-130 route. Assuming the daughter is a US citizen, whether they can get a CRBA or not doesn't matter (this is what it seemed like you were responding to), because she would apply for a US passport either way; the cost for applying for a passport has to be paid either way.

[NikLR 13,227]

Several factors come into play on determining citizenship.

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

Your husband may want to consult an immigration attorney.

[NikLR 13,227]

http://www.nolo.com/legal-encyclopedia/deriving-citizenship-through-parents-if-you-turn-18-after-february-27-2001.html

[mspas 0]

Thank you for all your answers.

He did not grow up in the US. He grew up in Dominican Republic. His mom almost died during the difficult pregnancy so the only option the grandparents saw to save her daughter and the baby was to give birth in the US since the medicine was more advanced here. They lived here for one year and then returned to their country. From what I could find out, my husband should have lived during at least 5 years in the US, prior to his daughter being born, to be able to give her the citizenship. I guess the only option left is to apply for the green card.

[newacct 688]

He will need the daughter's birth certificate, his marriage certificate to her mother, and his divorce certificate with her mother to prove the relationship for I-130.

Later on in the process they will ask for an Affidavit of Support from him. He (plus any household members, e.g. you, if necessary) needs to have a current income that exceeds 125% of poverty level of the size of his household plus the daughter. You can see the level on I-864P.

[mspas 0]

Thank you