US Citizen filing for children

[treyfort 4]

My wife will be a US Citizen and has two daughters under the age of 18 in Honduras. I know my wife will need to file an I-130 for the girls. What visa do we need to file for also in order to bring the daughters here? I was reading about a K4 visa, and is this the forms we will need to file to bring the daughters here immediately? 

[aleful 1,905]

hi

 

nope, the k4 are derivatives children of a spouse entering on a K3 visa

 

you could have filed for them when you petitioned for your wife

 

she will send the i130 for each of them, it will probably take a year

 

nothing else for now, there is no such thing as immediately, immigration takes time

 

you could have filed for them when you filed for your wife, or she could have filed for her as soon as she became a LPR

[treyfort 4]

Thank you for this information. My wife is from Honduras and will have her citizenship in a few months though. Isn't the process that she can file for them at that point? She will not need me to file for the girls at that point right? When we filed my wife's I-130 we did not file an I-130 on the girls because their father had full custody of them. Since then my wife has joint custody of the girls. Now the girls are at the age where they can choose who they want to live with and they want to live with us. We have been married for 6 years now and have filed for my wifes citizenship. Since my wife will be a US Citizen this year what does she need to file for the girls? Is it just the I-130 that she will need to file?

Edited February 2, 2017 by treyfort

[Unlockable 7,315]

HI,

 

Below are the guides to help you understand the process. It will still be the I-130 and will take about a year. If you are asking if she can file BEFORE she becomes a US citizen then technically, yes, he can file now as a permanent resident. And since the marriage to her took place before the daughters turned 18, there is the option that you, a USC, can file for the daughters as your stepchildren.

 

http://www.visajourney.com/content/guides/

http://www.visajourney.com/content/ussib

[treyfort 4]

Thank you for the information. 

[NikLR 13,232]

~~moved to bringing family members of USC to the USA from US citizenship.  Question is about bringing children of soon to be USC not about the naturalization process~~

 

Just to note, once your wife becomes a USC, the daughters will also be USC upon arrival.  She can start the process now and upgrade it after gaining cirizenship.  Or you can file for them. 

[treyfort 4]

NikLR, so my wife can file the I-130 for the girls now as a PR and once she gets her USC she can upgrade? What is the upgrade form that will need to be filled out after she becomes a USC? She is the biological mother to the girls, I am their stepfather, I was born a USC. Is the process faster for the biological parent to file than it is for the step-parent to file? 

[treyfort 4]

At the time of filing the I-130, will my wife also need to file an I-485?

[NikLR 13,232]

5 hours ago, treyfort said:

NikLR, so my wife can file the I-130 for the girls now as a PR and once she gets her USC she can upgrade? What is the upgrade form that will need to be filled out after she becomes a USC? She is the biological mother to the girls, I am their stepfather, I was born a USC. Is the process faster for the biological parent to file than it is for the step-parent to file? 

She would inform the USCIS or NVC that she is now a USC and send proof of that citizenship (copy of US passport or naturalization certificate.)  

No the process is not faster for a biological parent. It is faster for a USC parent or step parent vs an LPR parent. 

4 hours ago, treyfort said:

At the time of filing the I-130, will my wife also need to file an I-485?

No the girls will need to wait outside the USA until they have their visa interview.  The I-485 is for people adjusting status within the USA. 

[treyfort 4]

Oh, ok thanks

[NikLR 13,232]

The USCIS treats step children as "children" so they consider them to be the same category as a USC child. 

[treyfort 4]

Then out of curiosity, my wife has 3 daughters, 2 are with her ex and the oldest is from a different father. The oldest daughter we didn't have issues with custody because my wife had full custody of her when we started the paperwork back in 2010 so I filed the i-130 for the oldest daughter as her stepfather and when she got here they gave her a 2 year permant resident green card, and the process took 2 years to get her here. Why did it take 2 years if everyone keeps saying it takes 1 year? And, why wasn't she considered a USC as soon as she got here? She was issued the 2 year permanent resident card when she got here, then we filed for removal of status and she now holds the green card that is good for 10 years. Also, the oldest daughter was 15 when i married her mother, so she was still considered a minor. What did I do wrong? I want to make sure I do everything correct and I want to get the 2 youngest girls here as soon as I possibly can, and I want their USC as soon as they get here. Not a permanent resident green card for them too like the oldest daughter had.

Edited February 3, 2017 by treyfort

[Unlockable 7,315]

20 minutes ago, treyfort said:

Then out of curiosity, my wife has 3 daughters, 2 are with her ex and the oldest is from a different father. The oldest daughter we didn't have issues with custody because my wife had full custody of her when we started the paperwork back in 2010 so I filed the i-130 for the oldest daughter as her stepfather and when she got here they gave her a 2 year permant resident green card, and the process took 2 years to get her here. Why did it take 2 years if everyone keeps saying it takes 1 year? And, why wasn't she considered a USC as soon as she got here? She was issued the 2 year permanent resident card when she got here, then we filed for removal of status and she now holds the green card that is good for 10 years. Also, the oldest daughter was 15 when i married her mother, so she was still considered a minor. What did I do wrong? I want to make sure I do everything correct and I want to get the 2 youngest girls here as soon as I possibly can, and I want their USC as soon as they get here. Not a permanent resident green card for them too like the oldest daughter had.

 

Hi, if none of the daughters are biological children of a USC then they will not be US citizens when they arrive. Instantly become a US citizen doesn't happen unless the children were born on US soil or the biological parents are US citizens.

[jan22 3,064]

33 minutes ago, treyfort said:

Then out of curiosity, my wife has 3 daughters, 2 are with her ex and the oldest is from a different father. The oldest daughter we didn't have issues with custody because my wife had full custody of her when we started the paperwork back in 2010 so I filed the i-130 for the oldest daughter as her stepfather and when she got here they gave her a 2 year permant resident green card, and the process took 2 years to get her here. Why did it take 2 years if everyone keeps saying it takes 1 year? And, why wasn't she considered a USC as soon as she got here? She was issued the 2 year permanent resident card when she got here, then we filed for removal of status and she now holds the green card that is good for 10 years. Also, the oldest daughter was 15 when i married her mother, so she was still considered a minor. What did I do wrong? I want to make sure I do everything correct and I want to get the 2 youngest girls here as soon as I possibly can, and I want their USC as soon as they get here. Not a permanent resident green card for them too like the oldest daughter had.

Times for processing are estimates and can be affectd by a large number of factors.

 

Re the issue of U citizenship -- you did nothing wrong.  For a child to benefit from the Child Citizenship Act (and get US citizenship automatically  after they enter the US as permanent residents), there must be a biological relationship with the US citizen parent.  You can petition for a stepchild under the IR-2 category, but it does not convey your US citizenship. If your wife (i.e., their biological parent0 is a US citizen when the two younger children enter the US, and they are under the age of 18 on entry as legal residents, they will automatically become US citizens.

[NikLR 13,232]

@treyfort Jan22 explained it pretty well.  Im not sure why the process took 2 years for your oldest stepdaughter or why she recieved a 2 year card, unless your wife had not removed conditions yet herself. Did you have an attorney helping you? Were there any issues like an RFE, checklist, extra documents?

 

However if the mother, your wife, is a USC, then the children will be USCs after arrival and the process should only take a year.  

 

If you petition for them, their mother needs to be a USC before they enter the USA for them to automatically get citizenship.  That's why I also suggested their mother petitioning them and upgrading the petition after getting citizenship so you can make sure the timing is okay.