MOTHER AND DAUGHTER JOINT PETITION

[Dashinka 24,798]

Here is an interesting case regarding your daughter's situation possibly.  As to your mother, as others have said, that will need to be a separate application.

 

https://www.nolo.com/legal-encyclopedia/can-i-us-citizenship-through-grandparent.html

[jarj 13]

9 minutes ago, Bill & Katya said:

Here is an interesting case regarding your daughter's situation possibly.  As to your mother, as others have said, that will need to be a separate application.

 

https://www.nolo.com/legal-encyclopedia/can-i-us-citizenship-through-grandparent.html

Thank you. As much as possible too, I do not want to seek help from an attorney.

I am a US citizen for 8 years now. I visit the Philippines twice a year. 2-3weeks max each visit. 

[geowrian 22,338]

15 minutes ago, jarj said:

Can I start processing the petition for my mom and daughter while my husband's ROC is still pending and will be applying for citizenship by end of December.

Yes. Your husband's ROC is completely separate from any other petition you file.

[jarj 13]

25 minutes ago, geowrian said:

You petition for each separately.

You petition using your current name. If this differs from the name in your evidence of citizenship, you need to show evidence of the legal name change.

 

When you get to the Affidavit of Support (I-864) the child (at NVC), you would use an I-864W for her since she should become a USC upon entry on the visa.

Shall we change my daughter's name with my married name before the petition or shall I petition her with my maiden name?

[geowrian 22,338]

13 minutes ago, jarj said:

Shall we change my daughter's name with my married name before the petition or shall I petition her with my maiden name?

The green card will be issued in the name on her visa, which must match the name on her passport.

If she wants to have a green card in your surname, she needs to change it in PI first (and get a new passport under that name).

Edited October 29, 2018 by geowrian

[TM92 527]

4 hours ago, jarj said:

She was born after I became US citizen.

3 hours ago, jarj said:

I became US citizen 2-3 years after she was born.

Which one was it?

3 hours ago, jarj said:

i did not go through any visa. i was able to acquire his citizenship.

Or were you issued a Form FS-240; thus a USC since birth.

Also, how much time were you "physically present" in the US before your daughter was born?

Edited October 29, 2018 by TM92

[Orangesapples 1,954]

I've heard that it's possible to get US citizenship through grandparents, so maybe you could use the fact that your father was a US citizen when she was born? I'm not sure how it works though. 

[TM92 527]

35 minutes ago, Orangesapples said:

I've heard that it's possible to get US citizenship through grandparents...

Nope: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html

If the child’s parent does not meet the physical presence requirement, the child may rely on the physical presence of the child’s U.S. citizen grandparent to meet INA 322. If this is the case, Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, can be filed. Technically, the N-600K cannot be legally used if there is immediate intent for the child to reside in the US; one of the requirements for a B-2 to attend the N-600K interview is to still meet INA 214(b), https://fam.state.gov/fam/09fam/09fam040202.html:

Quote

Naturalization is a permissible activity in B-2 status. You may issue a B-2 visa to an eligible foreign-born child to facilitate that child's expeditious naturalization pursuant to INA 322. The child's intended naturalization, however, does not exempt the child from the requirements of INA 214(b); the child must intend to return to a residence abroad after naturalization. A child whose parents are residing abroad will generally overcome the presumption of intended immigration, whereas a child whose parents habitually reside in the United States will not.

Edited October 29, 2018 by TM92

[jarj 13]

43 minutes ago, TM92 said:

Which one was it?

Or were you issued a Form FS-240; thus a USC since birth.

Also, how much time were you "physically present" in the US before your daughter was born?

My bad🤦🏻‍♀️  She was born already before i became US citizen. 

 

I have FS-240. 

[TM92 527]

2 minutes ago, jarj said:

My bad🤦🏻‍♀️  She was born already before i became US citizen. 

 

I have FS-240. 

Actually, since you were issued a FS-240 you are a US citizen since birth (does not matter when the FS-240 was issued). Thus, your daughter was born when you were a USC. The question is how much time were you in the US before she was born, https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html:

Quote

The U.S. citizen parent was physically present in the United States for at least 5 years, including at least 2 years after 14 years of age.

If you don't meet the requirement above, your daughter is not eligible for a Form FS-240. If so, you still have 2 options; INA 320 (if your goal is for your daughter to reside in the US) or INA 322 (if your goal is for your daughter to reside outside the US as a US citizen).

General steps for INA 320:

1. You file Form I-130 to begin the process to bring your daughter as a LPR; here is guide: https://www.visajourney.com/content/childpet
2. You wait for the I-130 to be approved. Then, your daughter attends a IR-2 visa interview at the US embassy.
3. If approved, your daughter can enter the US with the IR-2 as a LPR.
4. At the time of US entry, your daughter automatically becomes a US citizen.
5. Now she can apply for either a US passport and/or a Certificate of Citizenship (your choice). For the passport, here is a link: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html

General steps for INA 322:

1. You file Form N600-K. It is recommended to put USCIS Honolulu as it is the go-to place for N-600K interviews.
2. In order for your daughter to the enter the US she will need a B-2 visa. You'll still have to convince the embassy that there is no immediate intent for your daughter to reside in the US, as per INA 214(b).
3. After US entry, you go the USCIS field office at the scheduled time. If approved and a naturalization oath is administered, your daughter is now a naturalized US citizen.
4. Your daughter leaves the US. You can apply for a same day US passport before leaving the US or after leaving US you apply at the US embassy or consulate.

[jarj 13]

26 minutes ago, TM92 said:

Actually, since you were issued a FS-240 you are a US citizen since birth (does not matter when the FS-240 was issued). Thus, your daughter was born when you were a USC. The question is how much time were you in the US before she was born, https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter3.html:

If you don't meet the requirement above, your daughter is not eligible for a Form FS-240. If so, you still have 2 options; INA 320 (if your goal is for your daughter to reside in the US) or INA 322 (if your goal is for your daughter to reside outside the US as a US citizen).

General steps for INA 320:

1. You file Form I-130 to begin the process to bring your daughter as a LPR; here is guide: https://www.visajourney.com/content/childpet
2. You wait for the I-130 to be approved. Then, your daughter attends a IR-2 visa interview at the US embassy.
3. If approved, your daughter can enter the US with the IR-2 as a LPR.
4. At the time of US entry, your daughter automatically becomes a US citizen.
5. Now she can apply for either a US passport and/or a Certificate of Citizenship (your choice). For the passport, here is a link: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Child-Citizenship-2000-Sections-320-322-INA.html

General steps for INA 322:

1. You file Form N600-K. It is recommended to put USCIS Honolulu as it is the go-to place for N-600K interviews.
2. In order for your daughter to the enter the US she will need a B-2 visa. You'll still have to convince the embassy that there is no immediate intent for your daughter to reside in the US, as per INA 214(b).
3. After US entry, you go the USCIS field office at the scheduled time. If approved and a naturalization oath is administered, your daughter is now a naturalized US citizen.
4. Your daughter leaves the US. You can apply for a same day US passport before leaving the US or after leaving US you apply at the US embassy or consulate.

I haven’t been to the US before she was born. When she was 2years old, I got my citizenship and flew to the US for few months and went back to Philippines. 

I would say, now is the longest time I’m here in the US but visits the Philippines like every 6months for 1-3weeks max in each visit. 

Thank your for the links and guidelines. I will look into it.