i130 obtaining US citizenship for child of naturalized citizen

[BrickellFL 0]

 

Hello all, i became a naturalized citizen after a 5 year green card in 2018, my daughter (15) i believe now qualifies for citizenship with form i130 but im not sure how the process works and could not find clear information.....

 

I have completed the application and am ready to mail it in with a fee of $535, she is next visiting me in Florida in April 2019, my understanding is that once i have filed the application she will receive a green card upon entry at the airport and then automatic citizenship, has anyone been thru the process who can explain the steps involved?

 

Thanks for your input!

[aaron2020 11,651]

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Edited January 23, 2019 by aaron2020

[aaron2020 11,651]

You're missing a few steps.

 

There are 4 requirements under the CCA for your daughter to gain US citizenship. 

1. Be under age 18

2. Have a USC parent

3. Live with the USC parent

4. Be an LPR

 

You have 1 & 2 covered.  

 

3.  Visiting is not enough.  She has to live with you.

4.  If you file today, there is no way your daughter will have an immigrant visa by April 2019.  

 

Filing the I-130 is not enough.  She needs LPR status.  Your daughter will not get a green card upon entry in April.

 

After you file the I-130, it will take about 5-8 months for the I-130 to be approved.  Then you pay the  DS-260  immigration visa application fee and file the I-864w.  Then, your daughter would need to apply for an immigration visa with the DS-260.  Once she enters the US on her immigrant visa to live with you, then she becomes a US citizen.  The entire process will take about a year. 

 

Edited January 23, 2019 by aaron2020

[geowrian 22,338]

31 minutes ago, BrickellFL said:

i believe now qualifies for citizenship with form i130

I-130 has nothing to do with citizenship.

 

31 minutes ago, BrickellFL said:

my understanding is that once i have filed the application she will receive a green card upon entry at the airport and then automatic citizenship,

No on both.

She can visit in accordance with her visa terms and for the period authored by CBP. She will remain a visitor upon entry. She must return home on time.

Once she gets the IR-2 visa and enters on that, if she is still under 18 and lives with you, then she will become a USC and can apply for a US passport.

 

As noted, you will complete an I-864W instead of I-864 once the case is at NVC.

Edited January 23, 2019 by geowrian

[yoel 30]

Good Morning, 

 

I am in the same situation, I am about to put a visa application for my son, IN MY PARTICULAR CASE back in 2010 I put a visa for him and his mom but before the visa was approve we got divorced and I cancel her visa process, but his visa was approved and went to the interview. She told that she will not let the boy move with me, ( now he is 16 and need papa).  I never get a notification of the visa cancellation or anything as far as I can remember, few years after that he got a tourist visa and he has been coming for vacation every year. 

I am going to put all the documentation and the I-130 together and apply for a new visa, but I don't know if I can do anything with the old one.

 

Thank you for your help,

 

Yoel R.

[SusieQQQ 11,587]

3 hours ago, yoel said:

Good Morning, 

 

I am in the same situation, I am about to put a visa application for my son, IN MY PARTICULAR CASE back in 2010 I put a visa for him and his mom but before the visa was approve we got divorced and I cancel her visa process, but his visa was approved and went to the interview. She told that she will not let the boy move with me, ( now he is 16 and need papa).  I never get a notification of the visa cancellation or anything as far as I can remember, few years after that he got a tourist visa and he has been coming for vacation every year. 

I am going to put all the documentation and the I-130 together and apply for a new visa, but I don't know if I can do anything with the old one.

 

Thank you for your help,

 

Yoel R.

The old visa will be expired, immigrant visas have a maximum validity of 6 months.

I’m not sure if you can resuscitate the old I130 without having to pay fees /wait again ... hopefully someone else can answer that.

Your son is under 18 so will still need the mother’s permission, will she grant it now?

 

(also, FYI, on VJ people are expected to start new threads for themselves even if same topic as an existing one)

Edited January 25, 2019 by SusieQQQ