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Ranchomama

Can dual citizens file I-130? Badly need help/advice

By Ranchomama in Direct Consular Filing (DCF) General Discussion

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Ranchomama Explorer

Ranchomama   1

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Filed: K-1 Visa Timeline
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Hi everyone! Just a little background. I was born and raised in the Philippines but when I was 16 (Last 2006) I received a CRBA and have been a US Citizen since then. Is it possible to still file for I-130 for my husband and kids? I didn't renew my Filipino passport anymore because they're asking me to swear for dual citizenship. Does it mean that I am now just a US Citizen? Won't this affect my petition? Anyone ever have the same thing happen?

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NancyNguyen Experienced

NancyNguyen   1,657

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Filed: Citizen (apr) Country: Vietnam (no flag)
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Have you ever been in the States?

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Anh map Grand Master

Anh map   2,098

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Have you been filing US tax returns during the past 3 years? Do you have a joint sponsor lined up for your family (assuming you do not have a current and continuing US based income)? The affidavit of support will be something that you need to sort out in advance.


US citizenship is all that matters.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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bellashay Explorer

bellashay   14

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Filed: Citizen (apr) Country: Philippines
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Posted (edited)

If you're a US citizen and have been living in the Philippines continuously for at least 6 months and has proof to that effect, yes you can file I- 130 at the US Embassy in Manila.

Your main concerns are the Affidavit of Support and proof of domicile.

Edited by bellashay

=To God Be The Glory =

DCF for CR1
02-23-2016 Filed I- 130 @ US Embassy Manila
03-03-2016 NOA 2
03-04-2016 Received MNL Case Number
04-04-2016 Interview (Approved!) Visa ISSUED the same day
04-06-2016 Visa on hand! Picked up from 2Go MOA @ 5:30 PM
04-11-2016 POE @ Minneapolis, MN

05-12-2016 Received SSN

07-07-2016 Greencard arrived!

 

ROC

01-11-2018 ROC window opens

01-13-2018 Mailed ROC application to CSC

01-26-2018 Received NOA (dated: 01/22) 

05-24-2018 Biometrics 

01-23-2019 i751 Approved 

01-31-2019  10 Year Greencard arrived! 

 

N400

03-16-2019 Submitted application online

03-16-2019 NOA1

04-09-2019 Biometrics 

11-13-2019 Interview, approved 

12-04-2019 Oath taking. I'm now a naturalized US Citizen. 

 

=It Always Seems Impossible Until It's Done=

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7Ken Enthusiast

7Ken   15

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Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Have you ever been in the States?

I think this is the starting point.

If you haven't lived in the US I believe 4 years, 2 of them after your 16th birthday I don't think you're illegible, but I'm not a lawyer so check it out.

9/26/2012 Met On-line

10/18/2012 Met at the Airport, Manila

1/8/2014 Married

2/17/2016 Filed I-130 DCF Manila

2/26/2016 NOA 2 "Approved"

3/14/2016 Medical Started

3/15/2016 Medical Completed

3/22/2016 Interview, Passed

3/28/2016 Visa status IR-1 "Issued"

3/31/2016 "Processed for delivery" / 2GO "In Transit"

4/1/2016 Delivered / Visa in hand..

2/17/2016 - 4/1/2016 / 45 days Start to Finish. :D

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Ranchomama Explorer

Ranchomama   1

Posted
Filed: K-1 Visa Timeline
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Posted

Have you ever been in the States?[/quote

Before I was 16 I was travelling every summer on a b1/b2 visa then when I got my US citizenship I would go for about 1-2 months per year..

Have you been filing US tax returns during the past 3 years? Do you have a joint sponsor lined up for your family (assuming you do not have a current and continuing US based income)? The affidavit of support will be something that you need to sort out in advance.

US citizenship is all that matters.

I haven't filed taxes because I've been unemployed. I do have sponsors for them already and I have a mailing address in the Us and have US license.

If you're a US citizen and have been living in the Philippines continuously for at least 6 months and has proof to that effect, yes you can file I- 130 at the US Embassy in Manila.

Your main concerns are the Affidavit of Support and proof of domicile.

Alright! will look into it! Thank you for your reply :)

I think this is the starting point.

If you haven't lived in the US I believe 4 years, 2 of them after your 16th birthday I don't think you're illegible, but I'm not a lawyer so check it out.

Alright Sir! I've only been in the US for about 2 months per year. Will look into it. Thank you!

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jan22 Experienced

jan22   3,056

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Filed: Timeline
Posted (edited)

I think this is the starting point.

If you haven't lived in the US I believe 4 years, 2 of them after your 16th birthday I don't think you're illegible, but I'm not a lawyer so check it out.

Wrong! This is an attempt to talk about wha you would need to have transmited US citizenship to your children (being physically present in the US for a total of 5 years, 2 of which were after you turned 14). You clearly don't meet that standard, so will need to apply for immigrant visas for your children, as you asked about in your first post. Once they are granted and you enter the US with your children, they will automatically become US citizens, though.

As far as filing for the immigrant visas (you will need to file individual I-130s for each child and your husband), yes -- you are a US citizne and have every right to do so. As another poster pointed out, though, you will have to prove that you have a domicile in the US and meet the financial support requirements. If you have worked and earned enough to meet the filing requirement for US taxes, you will also have to file back taxes -- it is unlikely that you will owe any taxes, but you will still need to file. IF you didn't work or didn't earn the minimum required to file taxes, you just need to write a letter explaining why you didn't file taxes. The biggest problem you will have, I believe, is proving a US domicile and ability to support financially in the US.

Edited by jan22
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