CR-1 process when spouses live apart?

[millefleur 5,046]

Hi everyone,

I'm posting a question about my sister's situation. My sister (USC) is married to an Austrian guy and they are planning to immigrate to the US within the next year or two.

She wants to get the ball rolling on the process since won't qualify for DCF and therefore it's going to take longer. She asked me to post a couple questions here and I couldn't find obvious answers to.

She and her husband have a daughter together (aged 3) who currently holds Austrian-US dual nationality. What paperwork is going to be needed for her daughter? Since she is already a US citizen, will anything even be needed at all? I mean, as a citizen, it seems to me that she wouldn't be considered an immigrant so it's not really clear for us what paperwork on her will be needed, if any.

So, if anyone has any experience in a similar situation, if you could clarify what my sister needs to do concerning her husband and their daughter that would be great.

Any help will be greatly appreciated!

[OlgaK942 11]

Hi everyone,

I'm posting a question about my sister's situation. My sister (USC) is married to an Austrian guy and they are planning to immigrate to the US within the next year or two.

She wants to get the ball rolling on the process since won't qualify for DCF and therefore it's going to take longer. She asked me to post a couple questions here and I couldn't find obvious answers to.

She and her husband have a daughter together (aged 3) who currently holds Austrian-US dual nationality. What paperwork is going to be needed for her daughter? Since she is already a US citizen, will anything even be needed at all? I mean, as a citizen, it seems to me that she wouldn't be considered an immigrant so it's not really clear for us what paperwork on her will be needed, if any.

So, if anyone has any experience in a similar situation, if you could clarify what my sister needs to do concerning her husband and their daughter that would be great.

Any help will be greatly appreciated!

Hi there,

They don't have to file anything for the child as she already is a US citizen. They will need to get a US travel passport for her (through US embassy) .

[Kuegs 5]

Hi!

Your sister's daughter won't need a visa as she's a US citizen already. I'm taking it that your sister already did all the necessary paperwork for the Consular Report of Birth Abroad (I'm assuming the child was born in Austria?) so that she has a US passport and social security number?

If not, that's what she'll need to do.

Also something to remember for later down the road: when she and her husband fill out the form DS 260 there'll be a box to check whether the child will immigrate with him. He will have to check "no," since his daughter is not immigrating, just like you said, but is already a US citizen.

---

(I have two kids with dual citizenship and other than the CRBA nothing else is needed for them as they do not need a visa.)

[millefleur 5,046]

Hi again everyone,

This is another question about my sister's situation.

My sister (USC) currently lives in Austria with her husband and their 3 year old daughter. They're planning to move to the US within the next year or two.

However, it's a little complicated because my sister is planning to move to the US a couple months before her husband moves to the US with her. I don't know her exact plans yet so I apologize for not being more precise, but the gist is: her husband will have to go apply for the final CR-1 interview and all that alone, without his wife and daughter.

We are wondering, is this going to be a problem? My sister's plan is to go and move back to the US beforehand in order to establish a residence for them and get their daughter settled into school, etc.

Will my sister need to fly back to Austria with their daughter for the final interview or will it be ok for her husband to just go by himself?

Thanks again everyone!

[millefleur 5,046]

Hi!

Your sister's daughter won't need a visa as she's a US citizen already. I'm taking it that your sister already did all the necessary paperwork for the Consular Report of Birth Abroad (I'm assuming the child was born in Austria?) so that she has a US passport and social security number?

If not, that's what she'll need to do.

Also something to remember for later down the road: when she and her husband fill out the form DS 260 there'll be a box to check whether the child will immigrate with him. He will have to check "no," since his daughter is not immigrating, just like you said, but is already a US citizen.

---

(I have two kids with dual citizenship and other than the CRBA nothing else is needed for them as they do not need a visa.)

Yes, my sister has already done all that with the consular report of birth abroad and her daughter has a US passport.

Great, thanks!! I'll pass this news on to my sister, really good to know that's just one less thing she has to deal with.

Not sure if she has a social security number or not, I'll remind my sister about it if she hasn't already done it.

Edited September 12, 2016 by millefleur

[milimelo 4,477]

Not a problem and quite common as a matter of fact. She also won't need to be at her husband's immigrant visa interview.

[millefleur 5,046]

Not a problem and quite common as a matter of fact. She also won't need to be at her husband's immigrant visa interview.

OK thank you! Just wanted to check.

[NikLR 13,227]

Not an issue. Most people do this.

[JFH 12,190]

Your sister will need to prove her intention to re-establish domicile at some point in the not too distant future. She might want to start researching that.

[millefleur 5,046]

Your sister will need to prove her intention to re-establish domicile at some point in the not too distant future. She might want to start researching that.

Yes, she's visiting the US soon and plans to get all of that in order. I don't suspect it will be a big problem. She has a US bank account, she will be voting in the upcoming elections, getting a library card, etc and other general documents. My mother is also going to help us by allowing us to stay with her at her house (which she owns) so she can provide a kind of lease document.

Will she have to send all of this in by mail with the I-130?

[Ryan H 3,812]

~~~Similar topics merged; post all questions about your sister's case in this thread and this thread alone.~~~

Edited September 12, 2016 by Ryan H